Karnataka HC Keeps Bank Colleague’s Rape Case At Trial, Citing Forced-Sex Allegations And Records Of Pregnancy And Abortion

In brief

The question

1. Whether the charge-sheet material disclosed a prima facie case sufficient to deny the petitioner discharge under Section 227 Cr.P.C.

The court held

The Court held that the Sessions Court was justified in refusing discharge and that its order did not warrant interference under Section 482 Cr.P.C.

It also directed

The petition was dismissed as devoid of merit; any pending interlocutory applications were disposed of.

01Facts

The complainant alleged that she and the petitioner, her colleague at HDFC Bank, became intimate; that he forcibly had sexual intercourse with her in November 2020 and thereafter threatened and blackmailed her; and that, after she became pregnant, she underwent an abortion following his promise to marry her.

¶ 2–5

She complained to the police on 29 October 2021.

¶ 2–5

The police filed a charge-sheet for offences under Sections 376, 313, 420, 323, 504 and 506 of the IPC.

¶ 2–5

The complainant died by suicide on 1 November 2021, and a separate case was registered in relation to her death.

¶ 2–5

The petitioner’s application for discharge under Section 227 Cr.P.C. was dismissed by the Sessions Court, prompting this petition under Section 482 Cr.P.C.

¶ 2–5

02Issues

i.1. Whether the charge-sheet material disclosed a prima facie case sufficient to deny the petitioner discharge under Section 227 Cr.P.C.

¶ 7–15

ii.2. Whether the High Court should interfere under Section 482 Cr.P.C. with the Sessions Court’s refusal to discharge the petitioner.

¶ 13–15

03Law Applied

Under Section 227 Cr.P.C., discharge is warranted only where consideration of the record shows no prima facie case against the accused.

¶ 13

At the stage of reviewing a discharge decision under Section 482 Cr.P.C., the High Court does not undertake the detailed appreciation or evaluation of evidence required at trial.

¶ 14

The alleged offences were under Sections 376, 313, 420, 323, 504 and 506 IPC.

¶ 1, 4

The judgment cited no specific precedent.

Provisions in the judgment · 9 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482 Section 227

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Indian Penal Code, 1860 Section 420 Section 376 Section 313 Section 323 Section 504 Section 506

04Reasoning

The Court considered the allegations of forcible intercourse, subsequent threats and blackmail, pregnancy and abortion, together with the diagnostic and ultrasound reports said to support the pregnancy and abortion allegations.

¶ 13

It also noted the charge-sheet material concerning the complainant’s depression and suicide, while observing that a separate case relating to her death was under investigation.

¶ 13

Finding prima facie material on record, and applying the limited scope of review at the discharge stage, the Court declined to reassess the evidence or resolve the petitioner’s arguments concerning consent, delay and the merits of the allegations.

¶ 14–15