Karnataka Court acquits seven men accused of raping minor, says survivor's conduct cast doubts on her story

A Sessions Court in Karnataka recently acquitted seven men accused of raping a minor girl twelve years ago after observing that the survivor's story was doubtful since her behaviour was "unnatural and grossly against normal human conduct". [The State of Karnataka vs Santhosha and Ors.].Special Judge KC Sadanandswamy suggested that the girl's behaviour itself was a strong circumstance in doubting the story projected by her.."The behavior of PW-1 is un-natural and grossly against normal human conduct that itself is strong circumstance in doubting the story projected by her. Two views can be possible, one that leads to acquittal and other to conviction. The court must rule in favour of accused," the Court stated..The first information report (FIR) alleging rape was lodged in May 2011 by the survivor, who belonged to a scheduled caste community, and her relatives.The FIR was registered under Sections 506 (criminal intimidation), 376 (rape), 366[A] (procuration of minor girl) and 114 (abettor present when offence is committed) read with section 34 (common intention) of Indian Penal Code and Section 3(2)(5) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act..The Special Public Prosecutor for the State argued that in a span of close to two weeks, one of the seven accused raped the complainant, stole money and ornaments from her house, took her to Bengaluru to the house of another accused where he raped her again, before dropping her back to Holenarasipura, the place of her residence..On the other hand, counsel for the accused argued that the incident took place in February 2011 and the complaint was lodged in May 2011, by creating a false story to lodge the complaint. Further, they pointed out that the complainant had not narrated the incident to her parents and contended that she had travelled with the accused voluntarily.The accused further highlighted that no ornaments or cash was recovered from them..The Court noted that the day the complainant was dropped back by the accused, she went to the police station and instead of reporting the crime, told the police that she was being forced by her parents to marry a relative.The Court also found that no ornaments or cash were recovered from the accused. It also found that the pancha witnesses had deposed contrary to their own statements and hence ruled that they had turned hostile. Notably, the pancha witnesses had stated that the seizure panchnama was not drawn in their presence..After observing that the girl's behaviour itself was a strong circumstance in doubting the story projected by her, the Court noted that the accused and the complainant travelled from one place to another in public transport. It also noted that as per the complainant's statement, she voluntarily stayed at a person's place. Further, it observed that the girl was capable of resisting rape and if she had done so, the same would reflect in the medical report, which it did not..As such, the Court found force in the contentions of the accused that the prosecution had failed to prove the guilt of the accused beyond reasonable doubt. Hence, it acquitted all the accused..Advocates AHB and KNP appeared for the accused..[Read Order]