(1.) THE appellant (hereinafter referred to as accused) was tried, convicted and sentenced to undergo imprisonment for an offence punishable under Section 302 IPC. Therefore, he is before this court.
(2.) WE have heard Sri. Sandesh J. Chouta, learned counsel for accused and learned Government Pleader for the State.
(3.) IT is the case of prosecution that deceased Rani had developed intimacy with PW. 6 -Dinesha. Both of them were working in a Grocery shop at Channarayapattana. PW. 6 -Dinesha had kidnapped the deceased, in relation to which a crime was registered against PW. 6 for kidnapping. Incidentally it is necessary to state that accused is Hindu -Vishwakarma by caste and PW. 6 Dinesha belongs to scheduled caste. PW. 6 has admitted these facts in his evidence. PW. 6 has also admitted that before the deceased had attained age of majority, he had kidnapped her, therefore, a case was registered against him. It was resolved in the police station that the deceased should stay with her parents till she attains the age of majority and thereafter, she would be free to marry PW. 6 -Dinesha.