Rape accused gets benefit of doubt, SC lets him go free
The Supreme Court has let off a rape accused from Karnataka who had established sexual relationship with a girl based on a promise of marriage. The girl delivered a child in 1996.delhi Updated: Apr 05, 2011 00:46 IST
The Supreme Court has let off a rape accused from Karnataka who had established sexual relationship with a girl based on a promise of marriage. The girl delivered a child in 1996.
Accused KP Thimmappa Gowda admitted he had breached the promise of marriage and filed an affidavit in the court, expressing his willingness to transfer two acres of land to her for going back on his words.
A bench of Justices Markandey Katju and Gyan Sudha Misra accepted Gowda’s affidavit and directed him to transfer the land to the girl’s name.
The court, however, reversed the Karnataka High Court verdict and acquitted him of the charges after giving him the benefit of doubt. It further held the girl was more than 16 years old and had given consent to the intercourse.
The bench said: “If the court is of the opinion that on the evidence two views are reasonably possible, one that the appellant is guilty, and the other that he is innocent, then the benefit of doubt goes in favour of the accused.”
Gowda was slapped with rape charge in January 1996. According to the allegations, he had sex with the complainant more than 100 times.
In her evidence before the trial court, the girl admitted to having intercourse with Gowda and filing a delayed FIR, almost eight months after the alleged incident. The trial court did not find any merit in the allegations against Gowda and acquitted him in the case. The high court, however, reversed the trial court finding and sentenced Gowda to seven years of imprisonment.