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Mallanna & Ors. v. The State of Karnataka & Anr.

Criminal Appeal · 2018 INSC 1079Decided 19 Nov 2018
Criminal Appeal No. 1415 of 2018
Justice Kurian Joseph · Justice Hemant Gupta

Background

Four accused were convicted by the trial court, Accused No. 1 under Sections 354 (assault/outraging modesty) and 448 (house-trespass) IPC along with Section 3(1)(xi) of the SC/ST Act, and Accused Nos. 2-4 under Section 448 read with Section 34 IPC and Section 3(1)(x) of the SC/ST Act, and the High Court upheld the conviction. Years later, the complainant filed an affidavit before the Supreme Court stating that the parties had reconciled, were now closely related and on cordial terms, and that she no longer wished the accused to serve their remaining sentences.

Decision Breakdown

The Supreme Court examined the evidence on record and, having heard the complainant directly, held that the conviction should be sustained only for Accused No. 1, limiting his sentence to the roughly one year already undergone (against a mandatory minimum of six months). The Court set aside the convictions of Accused Nos. 2, 3, and 4 entirely and acquitted them of all charges, allowing the appeals to that extent.

Lesson Learnt

Even after a conviction is upheld by a High Court, the Supreme Court can revisit the sentence and the evidence against each co-accused individually: a victim's later reconciliation with the accused can influence how the Court exercises its sentencing discretion, though it is not a blanket entitlement to acquittal.

Official source (sci.gov.in)View Judgment (PDF)

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