C.A. LOKESH Vs. STATE

JUDGEMENT

(1.) THE appellant (accused) was tried for offences punishable under Sections 366 and 376 IPC. The learned Sessions Judge has convicted the accused for offences punishable under Sections 366 and 376 IPC. Therefore, he is before this court. I have heard Sri. Shankarappa, learned counsel for accused and learned Government Advocate for the State.

(2.) THE accused was tried for the aforestated offences on the allegations that on 22.11.2004 at about 8.00 a.m., the accused kidnapped the victim (P.W. 3) when she was waiting for the bus near KEB circle in Hoskote town, with an intention to seduce her, thereby committed an offence punishable under Section 366 IPC. The accused kidnapped the victim and committed rape on her house in the house of Nagaraju on 25.11.2004, thereby committed an offence punishable under Section 376 IPC.

(3.) THE victim (P.W. 3) has deposed; during the year 2004, she was studying in Xth Standard in Sri Vivekananda Vidya/Kendra at Hoskote; she was travelling from her native place Cholappanahalli to attend the school. Besides attending the school, she was also attending tuition classes; on 22.11.2004, at about 6.00 a.m., or 6.15 a.m., she left her native place to attend tuition classes at Hoskote; after completing tuition classes, she came near KEB Circle to catch a bus to go to her village; at that time, accused came and held her hands and asked her to elope with him to marry him; the victim resisted; the accused closed her nose and made her to inhale some sedative and she lost her consciousness; she regained consciousness when she was travelling in a bus; the victim and accused reached Anekal bus stand; accused took the victim to his friends house; they stayed in that house till 09.12.2004. The accused was troubling her; the accused forced and committed rape on her; the accused came to know that the father of victim had informed a Television channel; on 09.12.2004, accused took the victim to Nandagudi Police Station; later, she was taken to Hoskote Town Police station; she lodged the first information as per Ex. P3; her statement (first information) was recorded; she was examined by the Doctors in Government Hospital at Hoskote; she was sent to remand home; on 22.01.2005, her parents took her to the house of her uncle from the remand home.