MALLESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (accused) was tried for an offence punishable under Section 366 IPC and he was convicted for an offence punishable under Section 363 IPC. Therefore, he is before this Court.

(2.) I have heard learned counsel for accused and learned Government Advocate for State.

(3.) THE State has not preferred an appeal against judgment of acquittal of accused for an offence punishable under Section 366 IPC. Therefore, the following point arises for determination: Whether the prosecution has proved that on 3.2.2006 at 1.00 p.m., accused enticed victim (PW2) from her house situate in Chikkamoodahalli Village, with an intention to keep her out from lawful custody of her mother (PW1), thereby committed an offence punishable under Section 363 IPC?