B. R. HALESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dtd. 25/11/2011/26/11/2011 passed in SC No.95/2011 by the Presiding Officer, Fast Track court, Bhadravathi, convicting the appellants-accused Nos. 1 and 2 for the offence under Sec. 366 read with Sec. 34 of IPC and sentencing them to undergo rigorous imprisonment for one year each and to pay a fine of Rs.300.00 each in default to undergo further imprisonment for three months.

(2.) The factual matrix of the case is that, PW4-victim girl was residing along with her grandmother at Channmumbapura village. Her father Thippesh and mother Renukamma have expired. Her younger sister Seema was residing with her mother's mother Laxmamma at Chiradoni village. Victim girl was studying in a high school in Lingapura village. Victim girl's father's sister- Kamalamma (PW1) was staying at B.Beeranahalli village. PW1-Kamalamma has a daughter by name Sudha. There was a naming ceremony of her daughter's child in the house of PW1-Kamalamma. Accordingly, relatives of Kamalamma had come to attend the function and victim girl also came to the house of PW1- Kamalamma at B. Beeranahalli village and she was staying with them even after completion of the function. On 21/4/2009, PW1-Kamalamma went to attend the collie work and returned to her house at 3.30 p.m., and by that time, she found three strangers sitting in her house and on enquiry, they informed their names as, Halesh, Halesh and Rudrappa. Further, they have also informed that Halesh s/o Karibasappa had some relatives in Arahatholalu village. PW1-Kamalamma treated them by offering tea and coffee. Thereafter, said three persons informed her that victim girl's grandmother Laxmamma and maternal uncle -Shivamurthy had been severely injured in the accident, are in serious condition and they were remembering victim girl and requested PW1-Kamalamma to send her with them. PW1- Kamalamma had informed them that they may go back to the their village and she will follow them along with victim girl. Those persons informing and applying pressure saying that victim girl is required immediately by Laxmamma and took her with them on a bike. Thereafter, PW1-Kamalamma went to the house of Laxmamma at about 6.30 p.m. and found that Laxmamma and Shivamurthy had not met with any accident and they came to know that some false information was given to them. Later on, all of them searched for the victim girl and the persons who had taken her. Later on, she lodged complaint on 22/4/2009 at about 7.15 p.m. The said complaint came to be registered in Crime No. 104/2009 of Holehonnur Police Station for the offence under Sec. 363 read with Sec. 34 of IPC against appellants-accused Nos. 1 and 2 and also another person by name Rudresh son of Hanumanthappa. The police after completion of investigation filed a chargehseet against appellants-accused Nos. 1 and 2 only for the offence under Sec. 366A read with Sec. 34 of IPC. The jurisdictional Magistrate had taken cognizance and committed the case to the Sessions Court.

(3.) The prosecution examined ten witnesses as PWs 1 to 10 and got marked the documents Exs.P1 to P6 and Ex.D1 came to be marked in the evidence of PW4. The statement of accused under Sec. 313 of Cr.P.C. was recorded.