(1.) THE appellant in Criminal Appeal No.844/2009 (hereinafter referred as 'accused No.1') and appellants in Criminal Appeal No.845/2009 (hereinafter referred as 'accused 2 & 3') were tried and convicted for offences punishable under sections 366, 342 & 506 r/w 34 IPC. Therefore, they are before this court.
(2.) I have heard Sri K.Rajesh Rai, learned counsel for accused No.1 and Sri Gowthamdev C.Ullal, learned counsel for accused 2 and 3 and Sri B.Visweswaraiah, learned HCGP for State.
(3.) ACCUSED No.1 is alleged to have abducted victim namely PW1 -Bhavyashree on 01.09.2008 when she was near T.B.Cicle Bus Stop in Nelamangala Town. It is alleged that accused 1 to 3 had taken the victim to Office of Registrar of Marriage at Madanayakanahalli Village, Nelamangala Taluk and she was forced to marry accused No.1. Later, accused No.1 had taken victim to a room and she some how managed to inform her senior uncle, who reached the place and brought her to police station and lodged first information. Accused 2 and 3 are alleged to have helped accused No.1 in abducting the victim and forcibly marrying her to accused No.1 in the office of Registrar of Marriage at Madanayakanahalli Village, against her consent. Accused No.1 has not disputed that his marriage with victim was registered in the office of Registrar of Marriage, Madanayakanahalli Village on 01.09.2008. Accused No.1 has produced SSLC marks card of victim to prove that she was born on 15.07.1990 and the victim had attained the age of majority on 15.07.2008. Accused No.1 has also produced photographs as per Ex.D.4 to Ex.D.8 to prove that he had married victim in a temple of Thotadaguddadahalli Village on 25.08.2008.