SUBHASH Vs. STATE OF KARNATAK

JUDGEMENT

(1.) THIS appeal is preferred by accused No.2 in SC No.314/2006 passed by the III Addl. Sessions Judge, Belgaum, dated 26/6/2009 in convicting the accused No.2 for the offence punishable under Section 366 of IPC and sentencing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/ -, in default to pay fine, to undergo further imprisonment for a period of three months.

(2.) THE brief factual matrix that emanate form the record are that on 1/4/2006 at about 7.00pm a person by name Sri. Sundar Kondiba Maske (CW - 1/PW -1) lodged a complaint before the Darur Police Station, Beed District, Maharashtra State, making allegations that he is the permanent resident of Pahadi Dahipad in Darur talk, Beed District of Maharashtra State and working as a Attender in a school. His cousin brother Madhukar Sonavane has got four daughters and two sons. All of them are unmarried and residing with their parents. It is alleged that the brother of the complainant Madhukar came over to Khanapur in search of his livelihood, as he was doing coolie work of cutting sugar cane crop in Khanapur and surrounding places. The Victim girl is one of the daughters of the said Madhukar, had been to Khanapr to stay with her father for some time. That on 18/3/2006, PW -2 - Madhukar went to their village at Kotarban and informed that the victim girl was not with him. Then only the complainant and other family members came to know about the missing of the victim girl and they searched for her and in spite of that, they could not locate as to where she has gone. Accordingly, a missing complaint was lodged. It is further alleged that on 20/3/2006, the complainant received a phone call from the victim girl and she disclosed that when she was in the bus stand at Khanapur on 20/3/2006, she met some unknown lady by name Lakshmi and the said unknown lady asked the victim girl to accompany her, as she was going to Hubli. But, instead of taking her to Hubli, the victim girl was taken to Mumbai, Hydarbad and then to Rajasthan to the house of accused No.3 - Bimal Choradiya.

(3.) ON receiving such information, by way of complaint, the police have started investigation and registered a case in Crime No.29/2006. During the course of investigation they went to Madanganj village in Kisanagad taluk and took the custody of the victim girl from the house of accused No.3 and also came to know that accused Nos.1 and 2 are the persons, who have taken the victim girl to accused No.3 at Madanganj and got her married to accused No.3. On the allegations that the accused Nos.1 and 2 have abducted the victim girl, for the purpose of taking her to the place of accused No.3 and to sell this girl to accused No.3, the police have investigated the matter and charge sheeted the accused No.1 to 3 for the offences punishable under Sections 363, 366, 376 of Indian Penal Code, 1860.