MOHAMMED YOUSUFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The instant appeal, by way of special leave, is directed against judgment and order dated 11/9/2008 passed by the High Court of Karnataka at Bangalore whereby the High Court dismissed the Criminal Appeal No. 128 of 2005 filed by the Appellants herein (Accused Nos. 1 and 2) and affirmed the order passed by the trial court.

(2.) Brief facts of the case are as follows: The Appellants-Accused were tenants of PW-7 (complainant). Accused No. 1 is the brother of Accused No. 2 and Accused No. 3 is the wife of Accused No. 2. When Accused No. 1 expressed his desire to marry PW-8 (victim-the daughter of the PW-7), they were evicted from the house. On 13/7/2002 at 8.00 P.M., while the victim had gone to the market to purchase a notebook, the Appellants forcibly took her to Punganur (Chittoor District) where allegedly Accused No. 1 married PW-8 in a mosque. The father (PW-7) got a telephone call from Accused No. 2 and Accused No. 3 that they have kidnapped his daughter and marriage ceremony has been conducted between PW-8 (victim) and Accused No. 1. Pursuant to the same, PW-7 lodged a complaint before the police on the same day.

(3.) On 22.07.2002, Accused No. 1 was apprehended while he was in the company of the victim and later on Accused No. 2 and Accused No. 3 were also apprehended. Accused No. 4 and Accused No. 5 were the persons who had given shelter to Accused No. 1 and the victim. The Accused were charged for committing offences punishable Under Ss. 366, 343, 323 and 506 read with Ss. 114 and 34 of Indian Penal Code.