STATE OF KARNATAKA Vs. MURALI KRISHNAN

JUDGEMENT

(1.) The judgment and order of acquittal, dated 17.2.2011 passed by the XXXII Additional City Civil and Sessions Judge, Bengaluru, in S.C. No. 633/2008 is called in question in this appeal, by the State.

(2.) Case of the prosecution in brief is that Kum. Sukanya Josphin, aged about 15 years 8 months was living with her grandfather (PW.3 - Selvaraj); when she was aged about just three months, she had lost her mother; she was studying in X standard; at about 12.00 noon on 15.10.2007, PW.1 - Rajeshwari came to the house of the victim -prosecutrix (PW.2) and took her out from the house; PWs.1 and 2 were friends; however, PW.2 did not return to the house, inasmuch as she was kidnapped by the accused on the motor cycle; PW.3 being the grandfather of the prosecutrix, received a phone call to his mobile phone to the effect that PW.2 has eloped with the accused - Murali Krishna; thereafter, he lodged a missing complaint; it is alleged that the accused took PW.2 - prosecutrix on motor cycle to various places including the house of Latha Ramaswamy situated at Parappana Agrahara and thereafter, took her to Krishnagiri and also to the house of Padmavathi Mahalingam at Chennai; after about 3 1/2 months, Police searched the accused and PW.2 and brought them back to Bangalore. The Police after completing the investigation laid the charge sheet against the accused for the offences punishable under Ss. 363, 366A, 342, 506 and 376 of IPC.

(3.) In order to prove its case, the prosecution in all has examined 11 witnesses and got marked 26 exhibits. On behalf of the defence, two exhibits were got marked.