KHAJAPPA Vs. STATE

JUDGEMENT

(1.) These petitioners are accused of offences punishable under Sections 376, 341, 506, 366 -A, 147, 109 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity) and Sections 4, 5, 17 and 18 of the Protection of Children from Sexual Offences Act, 2012.

(2.) According to the complainant, his daughter Laxmi who is aged about 17 was kidnapped by the petitioners. It is stated that on 17.04.2015 at about 7.30 p.m., the complainant had received a call to go over to Channayya Temple. When he went there, he found his mother Ratnabai crying and on enquiry, he learnt that when she along with Laxmi were returning to their house, the petitioner No.1 along with other two accused had come on a motorcycle and the girl was forcibly taken on to the motorcycle and in spite of she having raised a hue and cry, the motorcyclist had fled along with the victim and there were eye -witnesses to the incident. This was committed at the instigation of Accused Nos.7 and 9.

(3.) It transpires that though such an incident had occurred, the complainant did not choose to file a complaint. It is only 15 days later that the complaint was lodged, by which time Laxmi had returned home. It is on her statement that she was kidnapped and raped, that a case has been registered against several petitioners.