STATE OF KARNATAKA Vs. MOHD HAMEED

JUDGEMENT

(1.) This Criminal Appeal is filed as against the order of acquittal passed by the court below. Mother of the victim gave information to the police alleging that accused No.1, who happens to be her nephew, kidnapped the victim on 9.7.2007 and he has committed an offence punishable under Sections 143, 147, 363 r/w Section 109 IPC. The victim was traced on 12.7.2007. It was noticed that the accused No.1 has committed an offence punishable under Section 376 IPC. It is stated in the complaint as per Ex.P1 dated 11.7.2007 that on 9.7.2007 at 7 p.m. the elder son of the complainant informed that the victim was taken forcibly at 2-30 p.m. as he was younger, he could not obstruct the same. The complainant states, she made efforts to trace the victim but she could trace her only on 12.7.2007. The victim was taken to police station and her statement has been recorded there and thereafter before the learned Magistrate. Either before the police or before the learned Magistrate, the victim has not stated about forcible acts on the part of the accused as alleged in the complaint. However, the complaint avers accused No.1 took her forcibly kept her Khanapur for about 3-4 days and committed the offence.

(2.) On the information so received, the case has been registered in Crime No.104/2007.

(3.) The respondent accused denied the charges made against them and accordingly the court below proceeded with trial. In the statement recorded under Section 313 Cr P C, the accused have denied the incriminating materials pointed out to them.