GNYANESH @ GYANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is by the accused No.1 challenging the order of conviction and sentence passed by the I Addl. Sessions Judge, Bijapur in SC No.5/2007 dated 11.03.2010 convicting the accused for the offence under Section 363 of IPC and sentencing him to undergo R.I. for seven years and to pay a fine of Rs.5,000/ - and default sentence of two months. Though the charge is framed for the offence under Section 364 -A, ultimately the accused is convicted and sentenced under Section 363 of IPC. The learned Sessions Judge acquitted the accused No.2 -Shankar. This appellant is accused No.1.

(2.) IT is alleged that on 15.07.2006 around 1.30 p.m. when Basavaraj Sasanur, a minor boy was near Shanti circle of Muddebihal, accused No.1 kidnapped him for ransom. It is also alleged that the victim was kept in wrongful confinement in a garden land of accused No.2 who is from Tikkota village by tying his legs and hands and demanded a ransom of Rs.5,00,000/ - from the parents of the victim. Police after registering the FIR, investigated into the matter and filed charge sheet.

(3.) PW .3 -Kasturibai, mother of victim though has stated about kidnapping of her son and filing of complaint by her husband, but she never revealed the accused have kidnapped her son.