ASHOKA ISHWARA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 of Cr.P.C. is filed with a prayer to set-aside the judgment and order of conviction and sentence dtd. 16/11/2015 passed in CC No.27/2009 by the Court of Addl. Civil Judge (Jr. Dn.) and JMFC, Hosanagara and the judgment and order dtd. 29/6/2016 passed in Criminal Appeal No.287/2015 by the Court of V Addl. District and Sessions Judge, Shivamogga, sitting at Sagar.

(2.) Heard the learned counsel for the parties.

(3.) Petitioner herein was charge sheeted for offence punishable under Sec. 363 of IPC. It is the case of the prosecution that on 25/11/2008 at about 11.00 a.m., petitioner kidnapped the minor daughter of PW1/Jayappa. Subsequently the petitioner and the victim girl were traced in Bengaluru and brought back to their village. Petitioner, who had appeared before the Trial Court in response to the summons issued to him after the charge sheet was filed in the present case, had pleaded not guilty and claimed to be tried. The prosecution in order to prove its charges against the petitioner, had examined eleven charge sheet witnesses as PW1 to PW11 and got marked nine documents as Ex.P1 to Ex.P9. No material objects were produced and got marked on behalf of the prosecution. On behalf of the defence, no evidence was lead nor was any documents got marked. The Trial Court after recording the statement of the accused as provided under Sec. 313 of Cr.P.C. had heard the arguments addressed on both sides and vide the impugned judgment and order of conviction and sentence passed in CC No.27/2009 had convicted the petitioner for the offence punishable under Sec. 363 of IPC and sentenced him to undergo simple imprisonment for a period of two years and pay fine of Rs.5,000.00 and in default to undergo simple imprisonment for a further period of one month. The said judgment and order of conviction and sentence passed by the Trial Court in CC No.27/2009 was confirmed in Crl.A.No.287/2015 by the Court of V Addl. District and Sessions Judge, Shivamogga, sitting at Sagar, by judgment and order dtd. 29/6/2016. Assailing the aforesaid judgment and orders of conviction and sentence, the petitioner is before this Court in this revision petition.