RAGHAVENDRA ALIAS RAGHAVENDRA NAIK Vs. STATE

JUDGEMENT

(1.) The appellants have challenged the conviction and sentence for the offences punishable under Sections 366, 354, 342, 324, 506 Part II r/w 34 IPC on a trial held by the Fast Track Court at Chamrajnagar.

(2.) PW8 - Ramanayaka and PW9 Kamala Bai are the parents of PW3 Gowri Bai, the victim. On 24.11.2005 at about 2.00 p.m. the parents of the victim were not in the house and her brother had gone to the school. She was alone in the house. The appellants came in front of the house of the victim and appellant No.2 asked the victim about her parents. She told that they have gone out. He came inside for a glass of water and saying so, he held hands and called appellant No.1 inside, both together dragged the victim to the land of one Neelabai near the house and the hands and legs of the victim were tied and they put cloth in her mouth and she was dragged to the ground. The first appellant threatened her to marry him, failing which they will kill her, saying so, the first appellant is said to have hit her with a stone on her mouth and at other places and put the cloth in the mouth. Before they went to bring a car it is alleged that accused No.3 brought water to the appellants. In the mid-night at about 12.00, they untied her and at that time she bite the finger of the first appellant. She escaped from the clutches of the appellants and went into the sugarcane crop and they were not able to trace her in the midnight hours. She went to the house of the first appellant to complain to his parents about her confinement, assault etc. and later her parents came and she was taken to the hospital.

(3.) On an intimation by the doctor, PW16- PSI came to the hospital and recorded her complaint Ex.P2. During the course of investigation the victim was examined by PWs.19 and 20 the doctors and the spot mahazar Ex.P4 was held and the articles MOs.4 to 9 were seized in the presence of the attesting witnesses. On the arrest of the appellants and accused No.3, appellant No.1 was examined by PW.12 Dr.Shiva Prakash who issued the injury certificate Ex.P11. The statement of the witnesses were recorded. The clothes of the victim MOs.1 to 3 were seized. After obtaining the extract of the Assessment Register Ex.P5 and the RTC extracts Ex.P6, the birth certificate Ex.P3 was also collected and after complying necessary formalities and after securing the necessary documents, a charge sheet was laid against the appellants and accused No.3 for the offences punishable under Sections 366, 354, 342, 324, 326 506 and 104 r/w 34 IPC.