STATE MAHILA POLICE STATION Vs. KALLAPPA

JUDGEMENT

(1.) ACCEPTING the cause shown, delay of 38 days in filing the appeal is condoned. Accordingly IA 1/2013 is allowed.

(2.) HEARD counsel for the appellant and perused the records submitted by learned Additional SPP.

(3.) THE State has filed this appeal against the judgment and order of acquittal dated 31.05.2013 passed in S.C.No.82/2012 by I Additional Sessions Judge, Gulbarga. The trial Court had acquitted the accused of the offences punishable under Section 366 -A, 376 read with Section 109 of IPC. Complaint came to be lodged by Smt Saraswati - mother of the victim girl namely Rajeshwari on 10.03.2011 before the Mahila Police Station, Gulbarga, with an allegation that accused No.1 often visited Basavkalyan where the victim was living with her mother, meet the victim and used to talk with her closely. Even after advice to the accused No.1, the friendship between victim and accused No.1 continued. The victim after passing SSLC started residing in a rented house situated at Shahabazaar, Gulbarga along with her sister and brother and she was pursuing tailoring course at Gulbarga. On 04.06.2010, at about 4:00 a.m. victim left the house and did not return to the house. It is further alleged that accused No.1 -Kallappa and accused No.2 -Bhimanna together induced and kidnapped the victim. The complaint was registered in Crime No.24/2011 for an offence punishable under Section 366 -A of IPC. However, police after investigation laid the charge sheet for the offences under Section 366 -A, 376 and 109 read with Section 34 of IPC.