UMA vs PRAVEEN
- Court
- Karnataka High Court
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HC-KAR
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CRL.A No.200307 of 2026
CNR: KAHC030104112026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
CRIMINAL APPEAL NO.200307 OF 2026
(372(Cr.PC)/413(BNSS))
BETWEEN:
UMA W/O DILIPKUMAR AIHOLE,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. NEAR OLD WATER TANK,
SHANTI NAGAR, KALABURAGI- 585103.
…APPELLANT
(BY SRI. ASHOK MULAGE, ADVOCATE)
AND:
1. PRAVEEN S/O MARAGAPPA BADIGER,
AGE: 30 YEARS, OCC: PRIVATE WORK,
R/O. NEAR HANUMAN TEMPLE,
ASHOK NAGAR, KALABURAGI- 585101.
2. THE STATE OF KARNATAKA,
THROUGH ASHOK NAGAR POLICE STATION,
DIST. KALABURAGI- 585103,
R/BY ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
…RESPONDENTS
(BY SRI. ANILKUMAR NAVADAGI, ADDL.SPP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 413 OF
BNSS (NEW), UNDER SECTION 372 OF CR.P.C (OLD), PRAYING TO
SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 27.04.2026
PASSED BY THE LEARNED V ADDL. DISTRICT AND SESSIONS JUDGE,
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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CRL.A No.200307 of 2026
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KALABURAGI IN SESSIONS CASE NO.12/2024 AND CONSEQUENTLY
CONVICT THE RESPONDENTS NO.1/ACCUSED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 376(2)(n), 354(D) AND 506 OF IPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This appeal is filed by the complainant under Section
413 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for
short, ‘BNSS, 2023’) challenging the judgment of
acquittal dated 27.04.2026 passed by the V
additional District and Sessions Judge, Kalaburagi in
S.C.No.12/2024 for the offences punishable under
Sections 376(2)(n), 354(d) and 506 of IPC.
2. Brief facts leading rise to filing of this appeal are as
follows:
The case of the prosecution is that prosecutrix is a
married woman having 3 children. She is the resident
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of Shantinagar, Kalaburagi. In the year 2022, every
day she used to go to Indira Nagar by walk to drop
th
and take her elder daughter who was studying in 8
standard. At that time, accused met her and induced
her to talk with him. He posed threat to her by
stating that if she does not talk with him, he will see
how her daughter safely goes to the school. In view
of the threat made by the accused, the prosecutrix
started talking with the accused through mobile
phone to the number given by him. The husband of
the prosecutrix was having a business of DJ sound
system, therefore, he was going to the villages for
installation of sound system. Taking advantage of the
same on 18.05.2022 at about 00:30 hours and on
21.01.2023 at 11:30 a.m., accused went to the
house of the prosecutrix and committed rape on her.
The prosecutrix filed a complaint against the accused
before the Ashok Nagar Police Station on
15.02.2023. The police registered a criminal case in
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Crime No.16 of 2023 for the offences punishable
under Sections 376(2)(n) and 506 of IPC. After
completion of investigation, the Investigating Officer
filed a charge sheet for the offences punishable
under Sections 376(2)(n), 354(d) and 506 of IPC.
The Trial Court framed the charges against the
accused and he pleaded not guilty and claimed to be
tried.
3. The prosecution to prove its case examined 10
witnesses at PW.1 to PW.10 and marked 16
documents as Exs.P1 to P16 and also marked objects
as MOs.1 to MO.5. In rebuttal, accused did not led
any evidence nor marked an document.
4. The Trial Court after recording the evidence, hearing
both sides, framed the following points for
consideration:
1. Whether the prosecution proves beyond all
reasonable doubt that on 18.5.2022 at 00.30
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hours and on 21.1.2023 at 11.30 am, the
accused taking undue advantage of the absence
of the husband of the prosecutrix went to her
and committed rape on her and thereby
committed the offence punishable
U/Sec.376(2)(n) of IPC?
2. Whether the prosecution proves beyond all
reasonable doubt that in the year 2022 while the
prosecutrix was going to Indira Nagar by walk to
drop and take her elder daughter who was
th
studying in 8 standard, accused was meeting
her and inducing her to talk with him and asking
sexual favour and thereby committed the
offence punishable U/Sec.354(D) of IPC?
3. Whether the prosecution proves beyond all
reasonable doubt that when the prosecutrix
refused to talk, the accused was posing threat
stating that if she do not talk with him he will
see how her daughter will safely go to the school
out return home and thereby committed the
offence punishable U/Sec.506 of IPC?
4. What order?”
5. The Trial Court after appreciating the entire evidence
on record, answered Point Nos.1 to 3 in the Negative
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and Point No.4 as per the final order and exercising
power under Section 235 of Cr.P.C., accused was
acquitted for the offences punishable under Sections
376(2)(n), 354(D) and 506 of IPC vide judgment
dated 27.04.2026. The complainant aggrieved by the
judgment of acquittal, filed this appeal under Section
413 of BNSS, 2023.
6. Heard the learned counsel for the complainant and
learned Additional State Public Prosecutor.
7. Learned counsel for the appellant submits that
judgment of acquittal passed by the trial Court is
arbitrary and erroneous. He submits that the
prosecutrix was examined as PW.1 and she has
stated that accused has committed a rape on her by
threatening her that in case if she doesn't talk to
him, then he will see that her daughter will go to the
school safely. The prosecutrix has spoken against
accused No.1 who had committed a rape and
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threatened her. The accused has committed an
offence punishable under Sections 376(2)(n), 354(d)
and 506 of IPC. He also submitted that the statement
of the victim was recorded by the Magistrate under
Section 164 of the Cr.P.C., and the complaint and
version of the victim before the Trial Court are
consistent, corroborative in nature and believable. He
submits that the husband of the victim was examined
as PW2. He has deposed that accused No.1
committed a rape on PW.1 i.e., his wife. He also
submitted that prosecution examined their neighbour
as PW.3. She has also spoken that the accused has
committed a rape on the victim and the said fact was
informed by PW.1 herself. He submitted that the
victim was examined by doctor i.e., PW.9. He has
supported the case of the prosecution. Thus, he
submitted that PWs.1, 3, 8 and 9 have supported the
case of the prosecution. The prosecution has proved
its case beyond all reasonable doubt. The trial Court
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without considering the evidences of PWs.1, 3 and 8
and 9 have acquitted the accused for the aforesaid
offences. The judgment passed by the Trial Court is
arbitrary and erroneous and without appreciation of
evidence on record. Accordingly, he prays to allow
the appeal.
Per contra
8. , learned Additional State Public Prosecutor
supported the impugned judgment.
9. Perused the records and considered the submissions
of the learned counsel for the parties.
10. The points that would arise for our consideration are:
i. Whether the appellant proved that the
judgment of acquittal passed by the Trial
Court is arbitrary, erroneous and without
appreciation of evidence.
ii. What Order?
Reg: Point No.(i):
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11. The prosecution in order to prove its case examined
the victim as PW.1. She has deposed that she is a
married woman and mother of three children and
resident of Shanti Nagar, Kalaburagi. In the year
2022, every day she used to go to Indra Nagar by
walk to drop her daughter to the school who is
th
studying in 8 standard. At that time, accused met
her and induced her to talk with him and he had
threatened her by stating that if she does not talk
with him, he will see how her daughter will safely go
to the school. In view of the threat given by the
accused, the victim started talking with the accused
through the mobile phone to the number given by
him. The husband of the prosecutrix i.e., victim was
having a DJ sound business and he used to go out of
Kalaburagi for installation of the sound system.
Taking advantage of absence of the husband of the
victim, on 18.05.2022 accused came to the house of
the victim at about 00:30 hours at night and
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committed rape on her. Again on 21.01.2023 at
11:30 a.m. accused went to the house of the victim
and again committed a rape on her. She had filed a
complaint before the Ashok Nagar Police Station on
15.02.2023. The police registered a case in Crime
No.16 of 2023 for the offences punishable under
Sections 376(2)(n) and 506 of IPC. The complaint
given by PW.1 is marked as Ex.P1 and she has also
deposed that she made a statement before the
Magistrate under Section 164 of Cr.P.C., Her
statement is marked as Ex.P3. During the course of
cross-examination, it is elicited that the house of the
victim was situated in a residential area and there
are residential houses adjacent to her house and in
the difficult, times she and her neighbours used to
discuss with each other. Again she has stated that
she was not talking with the neighbours and further,
it is elicited that the accused was not residing in the
locality where the victim was residing and it is also
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elicited that whenever her husband used to go out of
station for installation of a DP system, the accused
was calling her through phone and asking as to
whether she would be coming or not and further, she
has also admitted that her sister Hema (PW.5) was in
the house at the time of alleged incident and she has
come to Kalaburagi for her delivery.
12. The prosecution examined the husband of the victim
as PW.2 and PW.3, Rekha who is a neighbor of
victim. The evidence of PWs.2 and 3, the hearsay
witnesses, are inadmissible in evidence. PW.4 is
Manoj who is a witness to Ex.P4 and P5 i.e,
panchanamas. PW.4 turned hostile.
13. The sister of the victim was examined as PW5. She
has deposed that she does not know anything about
the case and she does not know about her sister
calling the accused by using her mobile phone and
the victim never informed her that the accused
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threatened and induced her to call him and after
some time he started visiting her house when her
husband was out of station. This witness also turned
hostile.
14. PW.6, Akash who is the witness to Ex.P4 and P5 i.e.,
Panchanamas, even this witness turned hostile.
15. PW.7 is the Junior Engineer of PWD. He has deposed
regarding the drawing of Ex.P7, i.e., the sketch by
visiting the house of the prosecutrix. PW.8 is the
then Police Inspector of Ashok Nagar Police Station
who has conducted an investigation and filed the
charge sheet. PW.9 is the doctor, Dr. Shobha. The
Medical Officer has deposed that she has examined
the victim and deposed that the victim is the mother
of 3 children and deposed that hymen of the
prosecutrix was absent and this would not held the
prosecution to prove that the accused had sexual
intercourse with her. The entire case is based on the
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evidence of PW.1 i.e. the victim. Though the alleged
first incident took place on 18.05.2022 and the
second incident took place on 21.01.2023, the
complaint was registered on 15.02.2023. Further, if
the accused had threatened the victim, she could
have lodged a complaint on the very first alleged
date of the incident i.e., 18.05.2022. However, the
victim did not make any attempt to lodge a
complaint on the said date but delayed lodging the
complaint until 15.02.2023.
16. From the perusal of the records, it clearly discloses
that the prosecutrix was in touch with the accused
and they were having conversation over the mobile
phone. From the perusal of evidence of PW.2 and
PW.5. It shows that none of the witnesses have
spoken that the accused was threatening the victim
and blackmailing her for sexual favour since from the
month of May-2022. The victim has stated that the
alleged incident took place on 18.05.2022. But in the
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examination-in-chief, she has stated that accused
has threatened and blackmailed her for sexual favour
from April-May 2022. But she has not stated in the
complaint that accused was threatening and
blackmailing her since from April-2022 and even she
has not stated the said fact in her statement under
Section 164 Cr.P.C., before the learned Magistrate.
17. From perusal of the records, it is clear that the
incident took place with the consent of the victim.
Further, in the course of cross-examination, PW.1
has admitted that on 18.05.2022, the accused came
to her house at 00.30 hours and usually, while going
to bed, the inmates of the house would close the
door by putting the latches. At midnight, if anybody
comes and knocks the door, the inmates before
opening the door would confirm who has come to the
house. If a stranger or troublesome person would
have come, the door will not be opened. The
prosecutrix did not state how the accused entered
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into her house during the odd hours of 00.30 hours,
who opened the door, why the door was opened etc.
Further, the prosecution has not proved as to
whether PW.2 i.e., the husband of prosecutrix was in
the house on the date i.e., on 18.05.2022. Further,
the case of the prosecution that the children of the
victim were present in the house. The prosecution
has not recorded the evidence of the children of the
prosecutrix. Further, both prosecutrix and accused
had sexual intercourse twice and they have
exchanged their mobile numbers and had
conversation over the phone and the relationship
started which resulted in frequent conversation over
the mobile phone. The intermittent visit by the
accused to the house of the victim itself clearly goes
to show that the victim has given consent for sexual
intercourse.
18. From reading of the entire evidence on record, it is
clear that the prosecution has failed to prove the
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guilt of the accused beyond reasonable doubt.
Further, there is a delay in lodging the complaint.
The prosecution has not explained the delay in
lodging the complaint. While dealing with an appeal
against the acquittal by invoking Section 378 of
Cr.P.C., the Appellate Court has to consider whether
the Trial Court's view can be termed as possible one,
particularly, when the evidence on record has been
analysed.
Jafarudheen
19. The Hon'ble Apex Court in the case of
1
and others vs. State of Kerala
at paragraph-25
held as follows:
“25. While dealing with an appeal against the
acquittal by invoking Section 378 of Cr.P.C.,
the Appellate Court has to consider whether
the Trial Court's view can be termed as a
possible one, particularly when the evidence
on record has been analyzed. The reason is
that an order of acquittal adds up to the
presumption of innocence in favour of the
1
2022 SCC Online SC 495
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accused. Thus, the Appellate Court has to be
relatively slow in reversing the order of Trial
Court rendering acquittal. Therefore, the
presumption in favour of the accused does
not get weakened but only strengthened.
Such a double presumption that enures in
favour of the accused has to be disturbed only
through scrutiny on accepted legal
parameters.”
20. Considering the entire case on record, we are of the
view that Trial Court is justified in passing the
impugned judgment of acquittal. Hence, we do not
find any error in the impugned judgment passed by
the Trial Court. Accordingly, we answer point No.(i)
in the negative, holding that the Criminal Appeal filed
by the complainant is liable to be dismissed.
Reg. Point No.(ii):
21. Accordingly we proceed to pass the following:
ORDER
dismissed
i. The appeal is .
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ii. The judgment of acquittal dated
27.04.2026 passed in S.C.No.12 of 2024
by the V-Additional District and Sessions,
confirmed
Kalaburagi, is hereby .
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
VNR,NB
List No.: 2 Sl No.: 6
Ct:pk