LALITHA AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CRIMINAL Appeal No. 2160/05 is by accused No. 1 and Criminal Appeal No. 2190/05 is by accused Nos. 2 and 3 in S.C. No. 299/2005 before the Fast Track Court -X, Bangalore City. They were tried for the offences punishable under Sections 366, 372, 373, 506 read with Section 34 of IPC. After full -pledged trial, the appellants were convicted for the offence punishable under Section 363, while they were acquitted for other charges. They were sentenced to undergo imprisonment for a period of 2 years and to pay a fine of Rs. 1,000/ - each and in default of payment of fine, to undergo simple imprisonment for 3 months. Aggrieved by the said conviction and order of sentence accused Nos. 1 to 3 are in appeal before this Court.

(2.) I have heard the learned counsel appearing for the appellants and the learned Government Pleader appearing for the respondent -State.

(3.) THE case of the prosecution in brief, is as under: P.W. 1 is a close relative of P.W. 2 Kumari Asha. P.W. 2 was staying with P.W. 1 and his wife in Vijayanagar, Bangalore City. She was studying in 3rd standard in G.N. Vidya Mandir, Vijayanagar during the year 2000 -2001. On 19.9.2000 as usual in the morning she left the house to the school and did not return in the evening. P.W. 1 and his wife in the evening searched for P.W. 2 but she could not be traced. Therefore on 20.9.2000, P.W. 1 lodged a report as per Ex.P1 before the jurisdictional Vijayanagar Police Station regarding missing of P.W. 2. Based on the report, police registered case and took steps to trace the whereabouts of the missing girl. During the investigation, handbills were issued showing the photographs of P.W. 2 and also by furnishing details about her. In formations were also sent to the different police stations in the State. However, nothing was heard about P.W. 2 till about 1st week of January, 2001. P.W. 5 David, Police Sub -Inspector of Vijayanagar Police Station during the 1st week of January 2001 sent P.W. 1 to the native place of P.W. 2 to see whether the girl has gone there. However, it was revealed that she has not gone there. On 20.1.2001 P.W. 1 received information about the missing girl having been shifted to some other place. On 3.2.2001 P.W. 5 received information that the missing girl used to visit the Banashankari Stores and STD Booth run by Accused No. 1 and Accused No. 1 giving eatables to P.W. 2. On suspicion P.W. 5 interrogated accused No. 1 who confessed having sold P.W. 2 to accused No. 2 for consideration. Thereafter, P.W. 5 secured accused No. 2, who on interrogation revealed that missing girl has been kept in the house of her brother accused No. 3 in Shirur near Mangalore. Thereafter, P.W. 5 alongwith P.W. 1, accused No. 2 and others went to Shirur and in the house of the accused No. 3 traced missing girl and a mahazar was drawn as per Ex.P3. Thereafter missing girl alongwith accused Nos. 2 and 3 was brought to Bangalore and P.W. 5 based on his suo -moto report Ex.P4 registered the case in crime No. 683/2000 and took up investigation.