RAMESH IRAPPA MUTYANATTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the Judgment and order of sentence dtd. 23/9/2014 in S.C.No.413/2011 by the VIII Additional District and Sessions Judge, Belagavi (hereinafter referred to as 'trial Judge').

(2.) The appellants/accused Nos.1 and 2 are convicted by the trial Court for the offence under Sec. 366(A) read with Sec. 34 of IPC for a period of seven years simple imprisonment with a fine of Rs.20,000.00 each and in default of payment of fine, they are directed to undergo simple imprisonment for six months. The appellants/accused Nos.1 and 2 also convicted for the offence punishable under Sec. 344 read with Sec. 34 of IPC with simple imprisonment for one year each and also directed to pay fine of Rs.10,000.00 and in default of payment of fine, they are further directed to undergo simple imprisonment for three months each.

(3.) The brief facts of the prosecution case is that, on 18/3/2011 about 4.00 p.m., at Santibastawad village, near Navage cross, Shivaji Nagar, the accused No.1/appellant No.1 with an intention to marry the daughter of the complainant, along with accused Nos.2 to 6 in furtherance of their common intention enticed the victim-girl and kidnapped her in a motorcycle bearing registration No.KA-22/EE-3684 and took her to Navage cross and from there he took her to Belgaum bus-stand and from there to Kolhapur. It is the further case of the prosecution that, the accused No.1 wrongfully confined the victim in a room for about 18 days and committed forcible sexual intercourse on her and thereafter took her to Ramaguruwadi village of Khanapur taluk and stayed in the house of garden land for two days and committed forcible sexual intercourse on her without her consent.