MAHIBOOB PASHA Vs. STATE

JUDGEMENT

(1.) This appeal arises out of judgment passed by the IV Additional Sessions Judge, Kalaburagi dated 18.07.2012 convicting the accused appellant for the offences punishable under Sections 366, 376, 504 and 506 of IPC.

(2.) The learned Sessions Judge sentenced the accused to undergo rigorous imprisonment for a period of 05 years and to pay fine of Rs.3,000/- to the offence punishable under Section 366 of IPC, in default of payment of fine the accused shall further undergo simple imprisonment period for 06 months. Accused to undergo rigorous imprisonment for a period of 07 years and to pay fine of Rs.3,000/- for the offence punishable under Section 376 of Indian Penal Code, in default of payment of fine he shall undergo simple imprisonment for 6 months. Accused to undergo simple imprisonment for a period of 03 months for the offence punishable under Section 504 of IPC. Accused to undergo S.I. for a period of 06 months for the offence punishable under Section 506 of IPC. It is further ordered that all the substantive sentences shall run concurrently. If fine amount is recovered, out of fine amount an amount of Rs.5,000/- shall be paid to victim-girl as compensation. Accused is in judicial custody from 24.08.2010 and it is ordered that the period which accused has spent in judicial custody shall be set off against the sentence imposed against him.

(3.) The brief case of the prosecution is that the accused and victim-girl were residents of Kalaburagi City. The victim-girl is daughter of one Smt. Rubeena w/o Mohammed Khaleel-PW.1. The victim-girl has studied up to 10th standard. It is case of the prosecution that at about 10 to 15 days prior to lodging of the complaint by the complainant-PW.1, this accused came to Humnabad to attend the marriage of relatives of the complainant. At that time, the accused also came there and started to talk with the victim-girl. It is further case of the prosecution that on 28.07.2010 in evening the complainant's daughter-victim-girl went out of her house. But she did not return to the house. Thereafter accused informed over phone to the complainantvictim's mother that he had married to her daughtervictim- girl. So, complainant-PW.1 has lodged the complaint stating that her daughter is minor and accused induced her and kidnapped her. The complaint is lodged before M. B. Nagar Police Station as per Ex.P.1 on 10.08.2010. The Police Sub Inspector - PW.9- Krishnappa s/o Shankreppa Kaldevaru who is the Station House Officer received the complaint at 01.00 p.m. and registered the case in Crime No.95/2010 for the offence punishable under Section 366A of IPC and sent the FIR to the Court as per Ex.P.9. He conducted spot panchanama as per Ex.P.2 which is shown by the complainant-PW.1 and recorded the statements of panchas by name Pandu-PW.4 and Apparay-PW.3. Then he recorded the statements of Jaibunissa-PW.7 and Wassim Khan-PW.2.