M R NIRANJAN MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offences punishable under Sections 366, 366(A), 323, 506 r/w Section 34 IPC on a trial held by the Sessions Judge, Tumkur.

(2.) The facts reveal that the prosecutrix PW1 was a student in SPC college and used to attend the tuition classes in between 7.00 to 10.00 p.m. conducted in the premises of the said college. On 24.3.1997 after the tuition classes she was returning to the home with her friends. A car was chasing her and later her friends went to their home and when she was proceeding to her home, the car was stopped ahead of her and a person alighted caught her hands and forcibly took her in the said car. He instructed the driver to proceed ahead towards Tiptur. There were in all three persons is a addition to the driver. She tried to escape from the hands of the accused. Though the driver tried to stop the car, the accused said to have threatened him to proceed ahead and when the car was stopped by the driver, she escaped from the clutches of the accused and cried for help. People gathered and later on the next day she approached the police and submitted her complaint of this fact, which came to be registered in Crime No.43/1997 for the offences under Sections 366, 323, 506 IPC. During investigation the spot mahazar was held as per Ex.P2. A van was seized. The accused were arrested. The statements of the witnesses were recorded. After collecting the relevant documents, a charge sheet came to be laid against the accused for the charges under Section 366, 366-A, 323, 506 r/w 34 IPC.

(3.) I have heard Sri Dinesh Rao, advocate for the appellant and the learned High Court Government Pleader.