M RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants are arraigned as accused Nos.1 and 2 in S.C.No.88/2011 on the file of Presiding Officer, Fast Track Court I, at Raichur. They challenged the judgment of conviction and order of sentence passed in the above said case, wherein the learned Sessions Judge has convicted the accused persons/appellants for the offence punishable under Section 364A of Indian Penal Code (for short 'IPC') and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each with a default sentence of simple imprisonment for three months.

(2.) The brief factual matrix that emanate from the records are that :

(3.) On the basis of the above said charge sheet being filed the accused persons were arrested during the course of investigation. After securing them before the Court the trial Court, has framed charges against them for the offence punishable under Section 364A read with Section 34 of IPC. The prosecution in order to bring home the guilt of the accused examined as many as 17 witnesses as PWs.1 to 17 and got marked Exs.P1 to P13. Ex.D1 was also marked during the course of crossexamination of PW4 by the defence counsel. M.O.Nos.1 to 3 a pen drive and two mobile sets, were also seized during the course of investigation which are the material objects relied upon by the prosecution. After the completion of the prosecution evidence the accused persons were also examined under Section 313 of Code of Criminal Procedure. The accused persons except denying the whole case of the prosecution, they did not choose to lead any defence evidence. The trial Court after hearing both side and appreciating the oral and documentary evidence on record, convicted the accused persons and sentenced them accordingly which is called in question before the Court.