HC reduces rape sentence after convict’s settlement with victim
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HC reduces rape sentence after convict’s settlement with victim

July 26, 2024

Bengaluru: The Karnataka High Court (HC) reduced a Trial Court’s five-year sentence to four-and-a-half months in a case where a man promised marriage and subsequently deceived a woman after he learnt that she was pregnant.

The High Court took into account the Rs. 6 lakh compensation already paid to the victim and her son, along with the provision of half-an-acre of land.

Sannegowda (40), a resident of H.D. Kote taluk in Mysuru district, was originally sentenced by the Second Additional District and Sessions Court to five years imprisonment for rape, one year for deception and two years for threats to life. Additionally, a fine of Rs. 15,000 was imposed for the three offences, with Rs. 5,000 allocated to each. This sentencing occurred on Oct. 31, 2011.

Appeal to High Court

Challenging this order, Sannegowda appealed to the High Court and settled with the victim. He paid Rs. 4 lakh as compensation, deposited Rs. 2,47,500 in a bank account for the victim’s son’s future and provided half-an- acre of land.

Given these compensations, he requested a reduction of his sentence to four-and-a-half months, which was granted by the High Court. He appealed to the Court that he had already served a jail term of four-and-a- half months.

The High Court Bench led by Justice Shivashankar Amarannavar reviewed the criminal appeal, considering the victim’s testimony, the birth of her son on Nov. 11, 2009, and the testimony of the doctors who treated her.

On Mar. 14, 2012, the High Court which had suspended his sentencing, ordered Sannegowda’s release on bail. Having served four-and-a-half months of imprisonment after the Trial Court’s sentence, the High Court deemed it appropriate to adjust the sentence based on the settlement between the victim and the offender.

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Additionally, the Court directed the Trial Court that out of the Rs. 15,000 fine imposed on Sannegowda, Rs. 10,000 should be given to the victim as compensation.

Victim was lured in 2009

In 2009, Sannegowda encountered the 19-year-old worker doing manual work on his land. He promised to marry her and began a sexual relationship. After this, the victim disappeared                                            for a period.

When she returned on Mar. 6, 2009, Sannegowda again promised marriage, swore an oath, and forcibly engaged in sexual activity with her, leading to her pregnancy. Upon learning of the pregnancy, Sannegowda denied any responsibility and  refused to marry her.

Unable to resolve the matter through the Gram Panchayat, the victim lodged a Police complaint. The Police investigated and filed a chargesheet. The Second Additional District and Sessions Court convicted Sannegowda and sentenced him.

Sannegowda appealed to the High Court, seeking a reduction in his sentence based on the settlement he reached with the victim and her son. The High Court granted this request and reduced his sentence accordingly.

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