SHYAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is the appeal preferred by the appellant accused under Section 374(2) of Cr.P.C., being aggrieved by the judgment and order of conviction dated 28.1.2012 passed by the XLV Additional City Civil and Sessions Judge (CCH -46) Bengaluru in S.C. No. 886/2009.

(2.) THE case of the prosecution is that P.W.1 Smt. Jayammal lodged a complaint on 16.5.2009 before the Basavanagudi police station, Bengaluru alleging that the accused had kidnapped and raped her minor daughter Shalini. The complaint is marked as Ex. P.2. In the complaint, it is stated that on 7.5.2009, the complainant lodged the complaint for missing of her daughter, who was aged 15 years and later on, she came to know that her daughter was kidnapped by the accused Shyam from Bengaluru (who is a resident of Chennai). With the assistance of Basavanagudi police personnel, Bengaluru along with Tamil Nadu police, the daughter of the complainant and the accused were traced at Andra Pradesh on 14.5.2009 midnight. The daughter of the complainant was raped during this period and both of them were brought to Bengaluru on 16.5.2009. Therefore, the complainant requested the police to take action against the accused and hand over her minor daughter to her custody. On the basis of the said complaint, case was registered as per Ex. P. 14 -FIR. After completion of investigation, police filed charge sheet against the appellant -accused for the offences punishable under Sections 366(A) and 376 of IPC. The trial court has, after conducting the trial of the case and considering the materials placed on record, ultimately, convicted the appellant -accused for the offences punishable under Sections 366(A), 363, 376 and 343 of IPC.

(3.) HEARD the arguments of the learned counsel appearing for the appellant -accused and learned SPP appearing for respondent - State.