DOULA Vs. THE STATE

JUDGEMENT

(1.) Heard the learned Advocate for the appellant Smt.Sunitha P.Kalsoor and learned Additional Government Advocate Sri. Shivaprabhu Hiremath for the State.

(2.) The appellant who is the 1st accused in S.C.106/2014 has preferred this appeal aggrieved by the impugned judgment of conviction dated 19/1/2016 and order of sentence dated 21/1/2016 passed by the I Additional District and Session Judge, Ballari, (for short, referred to as "the trial Court"?), holding him guilty of the offences punishable under Sections 366-A, 506 and 376 r/w Section 34 of IPC, Sections 4 and 6 of Protection of Children from Sexual Offence Act, 2012 (for short, referred to as "the POCSO Act"?) and Section

(3.) (2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, referred to as "the SC/ST Act"?), while acquitting accused No.2 and 3. 3. The case of the prosecution in brief is that the informant Smt.Kamala belonging to valmiki Community runs a tea stall at M.D.Camp, Kampli and her daughter aged 15 years studies in 9th standard in the Govt. Girls School. On 2/4/2014, the daughter left the house saying that she is going to Doddi but did not return. Informant's sister Neelamma, told that at about 5.20 p.m., she saw the victim being taken by accused No.1 on his pulsar motorbike. The informant along with other family members went in search of the victim, but could not find her. She suspected that accused No.1 belonging to Muslim community might have kidnapped the victim girl with an intention to marry her or with any other criminal intention and called on his phone. The 1st accused rudely replied that she could take back the victim, if she is willing and disconnected. Therefore, on 05-04-2014 the informant lodged first information requesting the police to trace victim and to initiate legal action against accused No.1. On the basis of such complaint in Cr.No.76/2014 was registered against accused No.1 for the offences punishable under Sections 366A of IPC r/w 3(2)(v) of SC/ST Act and took up investigation.