After being free for 13 years, murder accused gets life sentence in HC

S Shyam Prasad

Bengaluru: A murder accused who was free for over 13 years and had even been acquitted by the Trial Court has been sentenced to life imprisonment by the High Court of Karnataka.

He was accused of rape, murder of a sex worker in Mysuru in 2010. After a six-year-long trial, the Trial Court pronounced that he was not guilty on any of the counts.

The appeal filed by the prosecution was in the High Court since 2016 and the accused KC Girisha was free all these years. In its recent judgement however, the High Court bench of Justice HB Prabhakara Sastry and Justice Anil B Katti found him guilty of murder but not of rape.

He was sentenced to life imprisonment and ordered to surrender within 45 days to serve his sentence. Citing the Trimukh Maroti Kirkan case in the Supreme Court, the HC said that a guilty person should not be allowed to go free.

“A judge does not preside over a criminal trial merely to see that no innocent man is punished. The judge also presides to see that a guilty man does not escape or left scot-free. Both are public duties,” the HC said.

The prosecution case was that the victim was a sex worker and was soliciting customers on SR Road in Mysuru. The accused picked her up and took her to Vigneshwara Palace Deluxe Lodge.

They booked a room claiming to be husband and wife. On September 18, 2010, Girisha was accused of murdering the victim, stealing her gold ear studs and escaping from the place.

Though the trial court acquitted him, the HC said that the chain of events prove that Girisha alone was responsible for the death. The HC found Girisha guilty of murder and causing grievous hurt to the victim. However, the HC said Girisha was not guilty of the rape charge.

“According to the prosecution, the accused took the deceased to the Lodge as a customer of the deceased. Thus, she had accompanied the accused treating him as her customer. Further, the evidence of PW-19 also does not say as to how long prior to her death, the deceased was subjected to forcible sex. Under such circumstances, merely because the deceased was said to be a sex worker, it is not safe to conclude that the accused had subjected her to rape prior to committing her murder,” it said.

The HC sentenced him to life imprisonment for murder and seven years imprisonment for causing grievous hurt. The HC also directed him to surrender.

“The accused shall surrender before the learned Sessions Judge's Court within forty five (45) days from today and serve the sentences as ordered above by this Court. A free copy of this judgment be furnished to the accused immediately by the Registry,” it said. (CRLA 2140/2016)