STATE Vs. MAHADEVAKUMAR

JUDGEMENT

(1.) QUESTIONING the Judgment and Order of acquittal dated 26.8.2011 passed by the Fast Track Court -I, Mysore in S.C. No.120/2010, the State has filed Criminal Appeal No.1302/2011 and the original complainant (PW.2) has filed Criminal Appeal No.963/201.

(2.) CASE of the prosecution in brief is that the deceased C.G. Sharan, aged about 9 years (during the relevant point of time), is the son of the complainant (PW.2); he was studying in 4th Standard in Citizen School, Nanjangud; on 26.8.2008 deceased went to school as usual; however, he did not return back to the residence after school hours i.e., even after 3.30 p.m.; the complainant and his relative searched for the deceased in the school; complainant could not get any clue and hence he lodged a missing complaint as per Ex.P2 at 4 p.m. on 27.8.2008; said complaint came to be registered in Crime No.128/2008 in Nanjanagud Town Police Station; subsequently, supplementary statement of the complainant is recorded as per Ex.P3 on 28.8.2008 at 11 a.m.; in the said statement, the complainant has stated before the Police that the schoolmates of his son viz., Prashanthkumar (PW.9) and Rohith (PW.10) had seen his son - Sharan leaving the school at 3.30 p.m. on 26.8.2008 by sitting as a pillion rider on black coloured 'Apachi motorcycle'. Based on such statement of the complainant dated 28.8.2008, the offence under Section 363 of IPC is alleged against unknown person and investigation also started. Ultimately, Final Investigation Report came to be filed on 15.4.2010 for the offences under Sections 363, 302 and 201 of IPC by the Sub -Inspector of Police PW.33.

(3.) IN order to prove its case, the prosecution in all examined 35 witnesses and got marked 50 Exhibits and six material objects. On behalf of the defence, 15 Exhibits were got marked. The trial Court, on evaluation of the material on record, acquitted the accused giving the benefit of doubt in his favour.