PARADANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned High Court Government Pleader appearing for the State.

(2.) The factual matrix of the case is that when P.W.5 victim girl went to attend the nature call, she was kidnapped by these accused persons and the victim girl was aged about 17 years 10 months at the time of kidnap and these petitioners knowing fully well that she is a minor, subjected her for sexual act and committed the offence. The further allegation is that with an intention of illegally committing the sexual intercourse on her, grabbed her mouth and kidnapped her from the lawful custody and thus committed the offence punishable under Ss. 366 and 366A of IPC and also charge was framed for the offence punishable under Sec. 376 of IPC. The accused did not plead guilty and hence the prosecution examined P.W.1 to P.W.20 in order to substantiate their case and also got marked the documents at Exs.P.1 to 34 and no M.Os. are marked. The Trial Court after recording the evidence, recorded the statement of the accused persons and thereafter accused have not led any defence evidence. Having heard the respective learned counsel, the Trial Court convicted the accused for the offences punishable under Ss. 366 and 366A of IPC and acquitted the accused for the offence punishable under Sec. 376 of IPC on the ground that there is no evidence and the victim girl herself not supported the case for invoking Sec. 376 of IPC. Hence, the present appeal is filed before this Court.

(3.) The main grounds urged in the appeal is that the Trial Court committed an error in relying upon the evidence of P.W.5 victim girl. P.W.6, P.W.7 and P.W.17 are mother, brother and sister, respectively of P.W.5 and those witnesses are family members and their evidence does not inspire the confidence of the Court to invoke the offence under Ss. 366 and 366A of IPC.