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Soujanya rape and murder case of 2012: No purpose will be served even if reinvestigation is permitted, says Karnataka High Court  

Soujanya rape and murder case of 2012: No purpose will be served even if reinvestigation is permitted, says Karnataka High Court  

The Hindu
Friday, September 13, 2024 05:01:50 PM UTC

High Court of Karnataka rejects plea for fresh probe into 2012 rape and murder case, upholds acquittal of accused.

Stating that “no purpose would be served even if reinvestigation is permitted”, the High Court of Karnataka has rejected the plea for a fresh probe into the 2012 case of rape and murder of 17-year-old Soujanya, who was a student of SDM College, Ujire, near Dharmasthala, in Dakshina Kannada district.

Also, the High Court upheld the acquittal of the sole accused by observing that the trial court had “properly discussed the evidences” to come to the conclusion that “no circumstance is proved by the prosecution” against the accused.

A Division Bench comprising Justice Sreenivas Harish Kumar and Justice J.M. Khazi passed the order recently by dismissing petitions filed by the Central Bureau of Investigation (CBI), the victim’s father, Chandappa Gowda, and the acquitted person, Santhosh Rao.

Both Mr. Gowda and Mr. Rao had sought direction to the CBI to reinvestigate the case to trace the real culprits. Mr. Rao, in addition, had sought a direction for payment of ₹50 lakh as compensation to him for wrongful prosecution. The CBI had filed an appeal against the June 6, 2023 trial court order of acquitting Mr. Rao.

“...the incident occurred on October 9, 2012. There were no eyewitnesses, and the case depended on the circumstances. Nobody saw the girl being forcibly taken by the suspects or somebody else. Medical evidence cannot be improved, and so also the forensic evidence. It is doubtful that evidence that could not be collected at the golden hour is still available,” the Bench observed while rejecting the plea for reinvestigation.

On the CBI’s appeal, the Bench said the trial court properly appreciated the evidence and rightly came to the conclusion that there were nothing even in either forensic analysis or DNA reports of samples to connect Mr. Rao with the victim’s remains.

Observing that “there cannot be interference if the evidence appears to have been evaluated properly” by the trial court, the Bench dismissed the CBI’s appeal.

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