Karnataka HC: Guilt of rape accused can be established only after examining all witnesses

By Legal Wires 3 Minutes Read

The Karnataka High Court set aside the acquittal of a person accused of rape after finding that the trial court had erred in not permitting the prosecution to lead additional witnesses after the victim and her family turned hostile witnesses.

State of Karnataka v. Santhosh

The Bench of Justice G Narendar and Justice MI Arun observed that the guilt of the accused can be established only after the examination of all the witnesses as desired by the prosecution. The Bench allowed the appeal filed by the State Government and remanded the matter to the trial court for the continuation of the trial.

Earlier the Trial Court had acquitted the accused as the family of the victim turned hostile witnesses. The prosecution contended that the accused made a false promise to the family to marry the victim, due to which the victim family turned hostile witnesses. Hence after the acquittal, the accused had abandoned the victim.

The High Court directed the Trial Court to continue hearing the matter and granted the prosecution the liberty to adduce necessary evidence in the trial.

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