AMEERJAN Vs. ABHINANDAN RAJ AND STATE OF KARNATAKA

JUDGEMENT

(1.) THE father of victim girl has filed this appeal against respondent No. 1 (hereinafter referred to as 'accused') for offences punishable under sections 366 and 342 IPC. I have heard Sri S.M. Razvi, learned' counsel for appellant, Sri Madhusudan Adiga, learned counsel for I -respondent and Sri B.T. Venkatesh, learned SPP for State.

(2.) THE appellant is the father of victim (PW 12). On 28.12.2002 when victim girl had gone to Sheshadripuram College, where she was studying in II PUC, accused kidnapped victim girl with a view to compel her to marry him. Therefore, PW 10 lodged first information, however there was no proper response from police but for tracing victim and accused. The police had brought victim and accused. The victim was handed over to PW 10 and accused was let off. Thereafter, on 03.10.2003, PW 10 filed yet another first information alleging that accused had kidnapped victim. The Investigating Officer registered first information and traced victim and accused. The victim gave a statement that she had left house on her volition and accused was in no way responsible for her to leave house. The victim was born on 11.01.1986. The victim embraced Hindu religion and changed her name as 'Pooja'. On 01.02.2004, after attaining the age of majority, the victim married accused and registered their marriage in the office of Sub -Registrar at Byadagi on 11.02.2004. Thereafter, accused and victim lived as husband and wife. These hard facts are deposed by victim. The accused is charged for offences punishable under sections 366 and 342 IPC. The evidence of victim is hardly sufficient to hold that accused had kidnapped her. On the other hand, victim has deposed that she had left house on her own. Even if it is assumed that victim (during her minority) had accompanied accused, an offence under section 366 IPC is not attracted.

(3.) THE victim girl has deposed; on 09.05.2003, she left her house on her volition and she stayed in Basava Peeta at Koodalasangama till she has attained the age of majority. After attaining the age of majority, she, after embracing Hindu Religion, married accused in the office of Sub -Registrar at Byadagi. They have also produced Certificate of Marriage issued by Marriage Officer, Office of Sub -Registrar at Byadagi.