BASAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties. The appellant was the accused No. 3 in the Court below, appeal arises on the following facts and circumstances:

(2.) THE prosecution case is that, on 26.02.1999, the father of the victim P.W.10 lodged a missing complaint before the Vidyagiri Police station stating that his daughter by name Veena was missing and same was registered under Crime No. 29/1999 and on 01.03.1999, the father of the victim again lodged complaint against unknown accused for the offence punishable under Section 365 of IPC, registered under Vidyagiri police Station, Dharwad in Crime No. 35/1999 on which, further investigation was proceeded with. On 02.03.1999, accused Nos. 1 and 2 were arrested and remanded to judicial custody, later on released on bail. Vidyagiri P.S. Dharwad filed charge sheet against all the accused for the offence punishable under Section 365 of Indian Penal Code, 1860 (hereinafter referred as 'IPC for short), numbered as C.C. No. 188/1999 on the file of III CJM, Dharwad, proceeded with the trial against the accused for the offence punishable under Section 365 of IPC. During trial, the prosecution filed an application under Section 323 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C for short) to commit the case to the Sessions Court, though it was rejected by III CJM, Dharwad, was allowed by the Sessions Court in revision and accordingly, the case was committed to the Sessions Court for trial, numbered as Sessions Case No. 20/2011, transferred to the III Fast Track Court, Dharwad for trial. Thereafter, charges were framed against the accused for the offences punishable under Sections 364 -A and 365 of IPC. The charge having read over to the accused, no guilt was pleaded by the accused, trial was proceeded with. Prosecution in support of their case examined P.Ws. 1 to 17 and got marked Ex. P1 to P13. Incriminating statements arising out of the prosecution case were recorded under Section 313 of Cr.P.C, the same was denied by the accused. It is the case of the prosecution that accused No. 3 along with other accused Shantawwa and Veerabasaya kidnapped the victim C.W.6 -P.W.14 who was aged about 12 years for ransom by threatening her that her uncle was escaped from the jail and he will commit murder of her parents and her uncle. After kidnapping the victim, the victim was kept in the house of C.W.14 Huligewwa and C.W.15 Smt. Lankawwa, thereby committed the offenses punishable under Section 364 and 365 of Cr.P.C. The trial Court on the said facts framed the following points:

(3.) THE said judgment and order on sentence is challenged in this appeal by accused No. 3 contending that there is no clear allegations against the present appellant/accused No. 3 to attract the basic ingredients of Section 364 -A of IPC and as such the conviction is unsustainable.