The Karnataka High Court has declined to interfere with the acquittal of two men accused of rape, cheating, and criminal intimidation, bringing an end to a criminal appeal filed against a 2023 trial court judgment. After hearing both sides at the admission stage, the division bench found no reason to reopen the case or grant leave to appeal.
Background of the Case
The case arose from a complaint by a woman who alleged that she came into contact with one of the accused through Shaadi.com in March 2020. According to the prosecution, the two remained in touch for about three months. The woman claimed that during the COVID-19 lockdown, on the eve of Ramzan in May 2020, the accused took her to his house in Bengaluru, confined her for four days, and repeatedly raped her on the false promise of marriage.
An FIR was registered by Kengeri Police Station, and charges were framed under Sections 354 (outraging modesty), 376 (rape), 420 (cheating), 504 and 506 (intentional insult and criminal intimidation) read with Section 34 of the Indian Penal Code.
In December 2023, the sessions court acquitted the accused, citing lack of convincing evidence and inconsistencies in the prosecution’s case.
State’s Arguments Before the High Court
Challenging the acquittal, the State argued that the trial court had wrongly discarded credible evidence. The Special Public Prosecutor submitted that the absence of external injuries should not have weighed against the victim, especially when the medical report noted a ruptured hymen.
“The trial court failed to appreciate the evidence in the right perspective and ignored material circumstances,” the prosecution argued, urging the High Court to admit the appeal and reconsider the acquittal.
Court’s Observations
The division bench Justice H.P. Sandesh and Justice Venkatesh Naik T closely examined the trial court record and the reasoning behind the acquittal. The judges noted that the sessions court had discussed the evidence in detail, including the testimony of the complainant, medical reports, and statements of other witnesses.
The bench pointed out that during cross-examination, the complainant admitted she was active on social media during the alleged period of threat, weakening her claim that she was too scared to inform anyone. The court also relied on her own written complaints, where she stated that she was not willing to marry the accused due to lack of trust.
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On the medical evidence, the court observed that apart from a ruptured hymen, no injuries were found, and there was no clear indication of forcible sexual intercourse. Referring to settled Supreme Court law, the bench reiterated that consensual sexual relations, without deception or coercion, do not amount to rape.
“The testimony of the prosecutrix does not inspire confidence,” the bench noted, agreeing with the trial court’s view that the allegations appeared to indicate a consensual relationship rather than a criminal act.
Final Decision
After considering all materials on record, the High Court concluded that no grounds were made out to admit the appeal. Upholding the trial court’s judgment, the bench dismissed the criminal appeal and confirmed the acquittal of the accused.
Case Title: State of Karnataka vs. Abu Salman Saifan Sab Thambe & Anr.
Case Number: Criminal Appeal No. 812 of 2025
Date of Judgment: 9 January 2026
