STATE OF KARNATAKA Vs. FAIROZ AHAMED

JUDGEMENT

(1.) The judgment and order of acquittal passed by the I Addl. District and Sessions Court, Dharwad, sitting at Hubli, in S.C.No.64/2006, is called in question in this appeal by the State. The respondents were tried and acquitted for the offences punishable under Sections 366, 366 -A, 376 and 344 of Indian Penal Code r/w Section 34 of the IPC.

(2.) Kum. Sheetal, aged about 16 to 17 years was kidnapped from the lawful guardianship of her parents by the respondents/accused herein at about 10.45 a.m. on 20.09.2005 at Hubli on the motor cycle belonging to the 1st respondent/accused No.1. The First Information Report came to be lodged by Smt.Prabhavathi, mother of the victim at about 9 p.m. on 20.09.2005 as per Ex.P.3 before the Sub -Inspector of Police, (PW -5), Old Hubli Police Station, Hubli, which came to be registered in Cr.No.159/2005 for the offence punishable under Sections 366 -A r/w 34 of IPC. During the course of investigation, the statements of victim (PW -4) as well as her brother PW -7 apart from other witnesses were recorded. At the time of incident, the victim had failed in her SSLC examination; however, she was pursuing her Diploma Course in Fashion Designing. The police after investigation laid the charge -sheet.

(3.) Accused No.2 is the near relative of accused No.1 and Accused No.3 is the mother of accused No.1. The case of the prosecution is that accused Nos.2 and 3 also supported Accused No.1 in his attempt of kidnapping the minor girl.