STATE OF KARNATAKA Vs. MANJUNATH,

JUDGEMENT

(1.) THE State has challenged the judgment and order acquitting the respondent Nos.1 to 4 for the charges under Sections 363, 366 r/w Section 34 of IPC on a trial before the Additional Sessions Judge at Shimoga.

(2.) PW .1 -Rudraswamy is the father of the victim -PW.2. Whereas, PW.4 -Rajashekarappa is the brother of PW.1 and uncle of the victim -PW.2. The victim -PW.2 was a student of S.S.L.C and on 13.05.2006, her result was to be declared. Therefore, She came to the school to see her result and as she did not return to the house, immediately her father -PW.1 went for her search and on the way he enquired the persons working in the land of one B.H.Manjunath -PW.3 and he told that she was taken by the accused forcibly on a motor cycle and therefore, her father went to the elders of the village and the elder went to Malligenahalli. PW.1 - Rudraswamy was informed by PW.6 -Mohan that at about 9.30 p.m., accused No.1 was riding the motor cycle bearing registration No.KA -14 -S -0075 and accused No.2 was on the hind seat and the victim was on the motor cycle in between both accused Nos.1 and 2. Accused Nos.3 and 4 were accompanying them on another motor cycle and he also told that after seeking PW.6 -Mohan, the victim was shouting taking his name. He also told them that both the motor cycles were proceeded towards Sagara. The brother of PW.1 went to Anandapura to the house of the relatives of accused No.1 and then went to the house of accused No.1. They knocked the door and as the door was not opened and when they forced to open the door, they found accused No.1 and others. They pushed PW.7 and ultimately they found the victim in the bathroom. She informed that the accused having given threat of danger to her life, forcibly taken her on the motor cycle and confined in the house.

(3.) IN the aforesaid circumstances, PW.1 approached the police and submitted his compliant - Ex.P1 for the offences under Sections 366A, 342, 506 r/w Section 34 of IPC in Cr.No.255/2006 and the police recorded the statement of the victim, held the spot mahazar -Ex.P2, Ex.P3 -Scene of offence panchanama, Exs.P4 and P5 -Seizure panchanama of Mos.1 and 2 -motor cycles. He recorded the statements of the other witnesses, the tax assessment extract -Ex.P9, wound certificate Ex.P10 was collected and on completion of the investigation, the charge sheet came to be filed against the accused for the offences punishable under Sections 366A, 343, 506 r/w Section 34 of IPC.