Facts of the case
- The appellant faced trial for alleged commission of offence punishable under Section 376 ,324 read with Section 34 and 342 read with Section 34 of the Indian Penal Code, 1860.
- While the appellant was sentenced to undergo RI for 7 years, one year and six months respectively for the three offences, other accused persons were sentenced to undergo one year and six months for each of the offence i.e. Section 324 read with Section 34 and Section 342 read with Section 34 IPC.
- The appellant preferred appeal before the High Court.
- The Karnataka High Court dismissing the appeal filed by the appellant by stating that, “In fact the prosecution and the trial Court both have overlooked the fact that A1 had committed the acts of rape on two occasions which are distinct offences. A1 should have been prosecuted separately for both the incidents of rape by filing separate charge sheet. In respect of second incident of rape, the prosecution has adduced evidence to prove the guilt. Accordingly, the trial Court rightly convicted the accused U/s. 376 IPC”
- The counsel for the appellant submitted in the Supreme Court that the High Court while dealing with the appeal has not even analysed the evidence and has also not recorded any findings on various submission on behalf of the appellants.
- The counsel for the respondent submitted that though the judgment of the High Court does not indicate the reasons, but the evidence on record justifies the ultimate conclusion that the appeal was to be dismissed.
- Judgment
The Hon’ble Supreme Court stated that, “The High Court by a practically non-reasoned order dismissed the appeal.The manner in which the appeal has been dealt with is not a correct way to deal with the appeal. No attempt appears to have been done by the High Court to appreciate the rival stand and to analyze the evidence in its proper perspective.”
The order of the High Court was set aside and the matter was remitted to it for fresh disposal in accordance with law.
BY: ANKIT RAJPUT