SHABIR AHMED Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE facts of the case are as follows:

(2.) THE learned counsel Shri Anant Albal appearing for the appellant urges the following contentions.

(3.) FROM the facts and circumstances of the case, it cannot be said that the incident had not taken place. The relationship of the parties are not denied. The fact that Samiya was taken to Nandi hills by the accused, while having falsely stated that her mother was awaiting them there, has been stated by Samiya, who had miraculously escaped certain death, and lived to tell her story, only by an act of providence. Though she was said to be 7 years of age at the time of the incident, the sequence of events have been vividly described and cannot be dismissed as her imagination. Her evidence coupled with that of the complainant, to demonstrate that the accused had pretended not to know about her whereabouts, when the complainant enquired, and the fact that he had tried to mislead her in stating that the girl was with the first husband of the complainant and the further fact that he had visited the girl when she was in the hospital and had tried to strangulate her, before his arrest, would point to the accused being a cold blooded killer, whose act had not translated into the death of the girl, only on account of her luck.