Criminal Appeal No. 1204 of 2013 · The High Court
Case Details
- 1 - NC: 2025:KHC:22244 CRL.A No. 1204 of 2013 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 1204 OF 2013 (C) BETWEEN: G. SURESH S/O GIDDAIAH, AGED ABOUT 26 YEARS, OCCU: AGRICULTURE AND FACTORY WORKER, R/O MARENAHATTI, HEBBUR HOBLI, TUMKUR TALUK
Legal Reasoning
(BY SRI. DHIRAJ A.K., ADVOCATE) AND: THE STATE THROUGH HEBBUR POLICE STATION (BY SRI. B.P. GANGADHARA, ADVOCATE FOR ORIGINAL COMPLAINANT) …APPELLANT …RESPONDENT THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.11.2013 PASSED BY THE P.O., F.T.C., TUMKUR IN S.C.NO.84/2011 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 376 AND 417 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 7 YEARS AND PAY FINE OF RS.50,000/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR 1 YEAR FOR THE OFFENCE P/U/S 376 OF IPC. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 1 YEAR FOR THE OFFENCE P/U/S 417 OF IPC. BOTH THE SENTENCES OF IMPRISONMENT ARE ORDERED TO RUN Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:22244 CRL.A No. 1204 of 2013 HC-KAR CONCURRENTLY. THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED. THIS CRL.A., COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT Learned counsel for the complainant has filed the application-I.A.No.1/2025 under Section 391 read with Section 482 of Cr.PC. The informant-PW.1 has filed her affidavit in support of the application seeking to set aside the judgment of conviction and order of sentence passed by the Trial Court against the appellant. The affidavit accompanying the application reads as under: AFFIDAVIT "I, Veena C W/o G Suresh, Age 32 years, Occu: household and Agriculture, R/o Maranahatti Halanuru Post Hebbur Hobli, Tumakur Taluk now at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that, I am the prosecutrix/PW.1/wife of the appellant. Hence I state the following facts on behalf of the appellant. 2. I state that, being aggrieved by the judgment and order dated: 19-11-2013 passed in S.C. No.84/2011 by the learned Presiding Officer, Fast Track Court, Tumkur, whereby convicting the appellant for the offence punishable under Sec. 376 IPC and sentencing him to undergo R.I for seven years and to pay a fine of - 3 - NC: 2025:KHC:22244 CRL.A No. 1204 of 2013 HC-KAR Rs.50,000/-, in default, to undergo S.I. for one year, with a further conviction for an offence punishable under Sec. 417 IPC, sentencing the appellant to undergo R.I for one year, appellant has filed this appeal. 3. I state that I filed the complaint that during my stay at my sister Smt. Marakka's house, Appellant being brother of my brother-in-law Sri.Shivanna promised to marry me and had sexual intercourse. Since, he had refused to marry me, I had given complaint to Hebbur Police. on 18.08.2017 4. I state that post conviction and after this Court having suspended the sentence in this appeal, appellant married me Shoolada Hanumantharaya Temple, Honudika hand-post, Tumkur District in the presence of the elders of both the families. After marriage both of us are living together happily for nearly 8 years and in the said marriage, we have been blessed with a girl child Kumari Chinamayi Son 28.03.2019. at 5. I state that our daughter is now aged six years. Hence I may be permitted to produce the following documents (i) marriage photo (ii) Child's birth certificate (iii) Aadaar card of appellant and original complainant (iv) Ration Card 6. I state that in-view of our marriage, further prosecution of appellant will not serve any useful purpose but would be to our peril, exposing myself and my daughter to penury. I do not wish to continue prosecution of appellant. 7. Wherefore it is most humbly prayed that this Hon'ble Court maybe pleased to permit the original - 4 - NC: 2025:KHC:22244 CRL.A No. 1204 of 2013 HC-KAR complainant to produce the additional documents, consider them and allow the appeal, setting aside the judgment and order of conviction and sentence of appellant for offences punishable U/s 376 and 417 IPC dated: 19-11-2013 passed in S.C. No.84/2011 by the learned Presiding Officer, Fast Track Court, Tumkur and acquit him in the interest of justice." 2. The appellant and the complainant are present and they are identified by their respective counsel. On enquiry, the informant has specifically stated that she has married the appellant in the year 2017 and they have begotten a female child, now aged about 6 years. She admitted the contents of affidavit and submits that she has no objection to acquit the appellant by allowing the appeal. 3. The appellant-accused also concedes the contents of the affidavit that he had married the informant-victim during 2017 and they have begotten a female child, now aged 6 years. He undertakes to look after his wife and the daughter well without giving any room for matrimonial dispute. 4. The appellant was convicted for the offence punishable under Sections 376 and 417 of IPC and the offence was committed during 2011. Since the complainant herself has - 5 - NC: 2025:KHC:22244 CRL.A No. 1204 of 2013 HC-KAR filed the application seeking to allow the appeal by setting aside the impugned judgment of conviction and order of sentence, for the reasons high lighted above, there is no impediment for this Court to allow the appeal. 5. In view of the subsequent development, I am of the opinion that, the appellant may be acquitted by allowing the appeal. Accordingly, I proceed to pass the following:
Decision
i. The appeal is allowed. ORDER ii. The impugned judgment of conviction and order of sentence dated 19.11.2013 passed in S.C. No.84/2011 by the learned Presiding Officer, Fast Track Court, Tumkur, is hereby set aside. iii. Consequently, the accused is acquitted for the offences punishable under Sections 376 and 417 of IPC. iv. His bail bond and that of his sureties shall stands cancelled. v. Fine amount deposited, if any, is ordered to be refunded to the accused. - 6 - NC: 2025:KHC:22244 CRL.A No. 1204 of 2013 HC-KAR Registry to send back the original records along with copy of this judgment to the Trial Court, for information and necessary action. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 27