BALU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Sections 366, 376, 344 IPC on a trial held by the Sessions Judge, Mysore.

(2.) THE facts reveal that PW3 the victim, daughter of PW 10 -Rathna Bai and PW 11 -Naga Naika were residing in a hut belonging to the garden land of PW 9 -Pannavaram in a village within the limits of Hunsur Rural Police. PW 12 Siddaraju is the brother of the victim and son of P.Ws. 10 and 11. The appellant herein (the accused), a resident of Ambaithodu in Kerala State is the son of the senior uncle of PW 10 Rathna Bai and had came to Mysore on 27.2.2010 to attend the marriage. On that day, he stayed in the house of the victim. On 28.2.2010 when the parents of the victim went for the sale of vegetables, it was the victim and her brother PW 12 Siddraju who were in the house and the accused said to have asked PW 12 to bring biscuits from a shop. PW 12 went out side and by the time he returned, he did not find the victim and the accused in the house. He complained of this fact to his parents P.Ws. 10 and 11. They made a search for the victim and also the accused.

(3.) THE point that arises for my consideration is;