Special Judge KC Sadanandswami suggested that the girl’s behaviour itself was a strong circumstance in doubting the story projected by her.
Recently, a Sessions Court in Karnataka acquitted seven men accused of raping a minor girl twelve years ago. The court’s decision was based on a thorough review of the survivor’s account, with the judge, KC Sadanandswamy, expressing skepticism about the credibility of her narrative due to what he deemed “irrational and blatantly contrary” conduct.
Judge Sadanandswamy emphasized the aberrant nature of the survivor’s behavior, stating, “PW-1’s behavior is abysmal and diametrically opposed to typical human conduct; this alone is sufficient cause to seriously question the veracity of the story she has presented.” The court asserted that, considering the two potential perspectives—one leading to acquittal and the other to conviction—it must rule in favor of the accused.
The case originated from a First Information Report (FIR) filed in May 2011 by the survivor and her family members, who belong to the scheduled caste community. The charges included criminal intimidation, rape, procuration of a minor girl, abetment, and offenses under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The Special Public Prosecutor argued that one of the defendants committed multiple crimes against the complainant within a two-week timeframe. However, the defense countered, asserting that the incident occurred in February 2011, and the complaint was fabricated in May 2011.
The defense also highlighted that the complainant had not informed her parents about the incident and willingly accompanied the accused on the alleged trip. They stressed the absence of recovered cash or ornaments from the defendants.
The court observed that, upon the complainant’s return home, she did not file a formal complaint but instead claimed parental pressure to marry a relative. The absence of cash or ornaments seized from the defendant further raised doubts.
The court noted discrepancies in the pancha witnesses’ statements and concluded they had become antagonistic. It was discovered that the panchnama of the seizure was not drawn in their presence.
Highlighting key points, the court emphasized that both the complainant and the accused used public transportation and that the complainant voluntarily stayed at another individual’s residence. The court also noted the absence of resistance to rape reflected in the medical report.
Ultimately, the court upheld the defense’s argument that the prosecution failed to establish guilt beyond a reasonable doubt, leading to the acquittal of all accused individuals. Advocates KNP and AHB represented the defendants in the case.
