(1.) This appeal is preferred by the accused, being aggrieved by his conviction by the judgment and sentence passed by the I Additional District and Sessions Judge, Shimoga, in Special (A) case No.50 of 2013 dated 30th December, 2014.
(2.) The appellant-accused was tried for the offences punishable under Sections 366A, 376 and 302 of the Indian Penal Code, 1860 (IPC) as well as Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act' for short).
(3.) It is the case of the prosecution that complainant--Hanumanthaiah is the father of Pratiksha, aged about sixteen (16) years, and she was residing at Battemallappa village with her grand-mother Durgamma, as his wife (mother of Pratiksha) had died. According to the complainant, Ravi and Nethravati (Netra) were residing in a rented house opposite Durgamma's house. That on 22nd July, 2013 at about 06.00 p.m., Netra went near a well to commit suicide, but on being queried, Netra stated that her husband and Pratiksha were seen inside her house and on seeing her, they ran away through the back door of her house. According to the complainant, later the neighbours Smt.Lakshmamma (CW-17) and others searched for Pratiksha, but in vain. That Pratiksha might have been kidnapped by the accused--Ravi. Hence, a complaint was lodged on 23rd July, 2013. On receiving the complaint, a case in Crime No.111 of 2013 was registered by the Hosanagar Police for the offence punishable under Section 366A IPC. The first information report was prepared and sent to the Court and the copies thereof were sent to the higher officers of the Police.