UMESH ALIAS OMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals have been preferred by accused Nos. 1, 2, 3 and 6 assailing the judgment and order passed by the II Additional Sessions Judge, Gulbarga, in Special Case No. 251/2008, dated 27.1.2011.

(2.) The brief matrix of the case of the complainant is that, on 9.3.2007 at about 00 p.m. when the complainant and his wife were there in the house, at that time, his daughter, aged about 17 years went to bring stitched clothes from tailoring shop of Nagamurthy. Thereafter, she did not turn till 5.00 p.m. The complainant and his family members searched for her in the village and also in their relatives-houses, but she was not traced. On 17.3.2007 complainant got the information that on 9.3.2007 at about 00 p.m., when his villagemen Vomanna alias Umesh, Nagesh, the Jeep driver, Khadir and other unknown two persons induced his minor daughter and eloped in a Jeep bearing Regn.No.KA-38 M38 It is alleged that it was seen by one Shankar, son of Shivadhar Jadar and Ambadas son of Shamarao. It is further alleged in the complaint that accused No. 5 Shivaraj, accused No. 2 Basavaraj alias Basappa, accused No. 6 Shankar alias Shankedar and accused No. 7 Kalavathi together hatched a plan and encouraged accused No. 1 Vomanna alias Umesh to elope the minor girl of the complainant as she belongs to the Scheduled Caste so as to spoil the reputation of the complainant.

(3.) It is further case of the prosecution that after eloping the minor girl-victim, they went towards Humnabad and there two more accused also boarded the Jeep and thereafter in a maxi-cab they took the victim to Vittalpur and thereafter in Vittalpur accused No.1 took her to the house of one Shanthakumar, where she has been sexually assaulted even in spite of her resistance. It is further case of the prosecution that, from 10.2007 to 17.2007 everyday accused No. 1 used to sexually assault her and one day he took her gold ear-studs and sold them. When accused No. 1 brought the victim on 17.2007 to his house at Jeevanagi, at that time also accused Nos. 2 and 6 instigated and abetted accused No. 1 to have sexual contact with the victim. On 18.2007 police came to the house of the accused and took the victim along with accused Nos. 1 to 3 to the Police Station and there the victim narrated the acts of the accused. On the basis of the investigation, charge sheet came to be filed against the accused persons in Crime No. 28/2007. After filing of the charge sheet, the Special Court took the cognizance of the said case as the said Court is the Special Court for trying the cases pertaining to Scheduled Castes and Scheduled Tribes. It took the cognizance of the case, registered the same and on hearing both the sides the trial Court read over the charge and explained to the accused. Accused pleaded not guilty and wanted to be tried and as such the trial was fixed.