Supreme Court of India
Gowrishankara Swamigalu v. State of Karnataka & Anr.
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What the Court ordered
We are of the opinion that this is one of the rarest of rare cases where a deeper scrutiny was necessary particularly when the Trial Court had recorded a judgment of , acquittal upon assigning sufficient and cogent reasons and wherewith we agree. c.
Judgment, page 19
From the headnote
Penal Code, 1860 - s.377: c Unnatural offence - Appellant was 'Junior Swamiji' in a 'Mutt'-- 'Mutt' used to run a school - Respondent No.2, aged 13 years, was a student in said school - Appellant allegedly subjected him to unnatural offence for seven days at about the same time - FIR lodged more than a month after the incident -· Absence of medical evidence in regard to commission of offence - Trial Court acquitted Appellant giving ~ him the benefit of doubt - High Court reversed the judgment .. of acquittal. - On appeal, held: High Court erred in reversing the judgment of acquittal - It took
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