MUNISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dtd. 24/6/2011 passed in S.C. No. 59/2007 by the Presiding Officer, Fast Tract Court, Kollegal, convicting the appellant for the offence under Ss. 363 , 366 and 342 of IPC and sentencing to undergo simple imprisonment for a period of three years and to pay fine of Rs.5,000.00 with default sentence for offence under Sec. 363 ; further sentenced to undergo simple imprisonment for a period of three years and to pay fine of Rs.10,000.00 with default sentence for offence under Sec. 366 IPC and further sentenced to undergo simple imprisonment for a period of two months and to pay fine of Rs.1,000.00 with default sentence for offence under Sec. 342 IPC.

(2.) Factual matrix of the case is, that on 5/1/2007 at about 01.30 pm the appellant - accused kidnapped P.W.2 victim girl near St. Thomas Rural High School of Thomiyarapalya with an intention to marry her, knowing fully well that she was minor. The appellant - accused had threatened her that if she did not marry him, he will kill her and he wrongfully kept her in his relative's (P.W.7) house and at Hameediya Lodge at Kodaicanal. P.W.1 father of victim girl-P.W.2 filed complaint as per Ex.P.1 registered in crime No. 3/2007 of Hanur Police Station for the offence under Sec. 363 IPC against appellant - accused. The Investigating Officer, after completing investigation filed charge sheet against the appellant - accused for the offence under Ss. 363 , 366 , 342 and 506 IPC. JMFC had taken cognizance and committed the case to the Sessions Court.

(3.) The Sessions Court framed charge against the appellant - accused for the offence under Ss. 366 , 506 , 342 and 363 IPC. Appellant - accused has denied the charges leveled against him. The prosecution examined 12 witnesses as P.W.1 to P.W.12 and got marked documents Ex.P.1 to Ex.P.11 and material object as M.O.1, i.e., Motorcycle. The statement of the accused under Sec. 313 Cr.P.C. was recorded.