ARUN KUMAR H. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE conviction and sentence ordered by the trial Court for the offence under Sections 366 and 376 IPC is challenged in this appeal.

(2.) THE facts reveal that the victim -P.W. 7 was missing on 06.08.2011 after she attended the school and after receiving this information from the school students, her uncle -P.W. 1 approached the Police and submitted his complaint -Ex. P1 and it came to be registered in Crime No. 180/2011 for the offence punishable under Sections 366 and 376 IPC. When both the victim and the appellant were in a hotel room at Shivamogga, they were traced and were apprehended. The enquiry disclosed that the appellant kidnapped the victim, took her to Bengaluru, then to Hassana and after staying for 3 days in Hassana, they went to Shivamogga and stayed in a hotel. In the course of the investigation, statement of the victim was recorded. She complained use of force by the appellant to accompany him. She was examined by the doctor. It is stated that the appellant had the sexual intercourse with her. She was stated to be less than 16 years of age. In the course of the investigation, she was examined by the doctor -P.W. 8. Certificate -Ex. P7 was obtained. The appellant was arrested and he was examined by the doctor -P.W. 9. After recording the statement of the witnesses, opinion of the experts were obtained. Transfer certificate was secured from the school authorities and on completion of investigation, a charge sheet was laid against the appellant for the charge under Sections 366 and 376 IPC.

(3.) THE point that arises for my consideration is;