STATE OF KARNATAKA Vs. M.S. SHIVA @ ESHWAR

JUDGEMENT

(1.) THE State has preferred this appeal challenging the judgment and order dated 17.10.2006 passed in S.C. No. 202/2003 by the Addl. Dist. & Sessions Judge, Fast Track Court -IX, Bangalore, acquitting the respondent/accused of the offence punishable under Section 36 4A of IPC.

(2.) THE respondent/accused came to be tried on the charge for the offence under Section 364A of IPC. It is alleged that on 01.12.2002 at about 4.00 p.m. in front of the house of Chandrappa at Doddabidarkallu, the accused kidnapped the minor girl -Kum. Meghana with an intention to compel PW.2 -father of the victim to pay ransom of Rs. 4,75,000/ - for releasing her and thereby he has committed the aforementioned offence.

(3.) IT is further the case of the prosecution, the accused had been engaged by PW.2 for construction of his house as the accused was a mason by avocation. On 01.12.2002 at about 4.00 p.m. the accused kidnapped PW. 14 -minor daughter of PW.2 while she was in front of the house at Doddabidarkallu and took her to Krishnagiri and stayed there in SLV lodge. PWs.4 and 7, who are the shop keepers at Chikkabidarkallu had seen the accused taking the victim minor girl on his cycle. Among them, PW.7 claims that he saw the accused taking the victim girl at about 4.30 p.m. on 1.12.2002 towards Nelagaradanahalli.