VENKATESH RAMA BHOVI Vs. POLICE CIRCLE INSPECTOR

JUDGEMENT

(1.) Appeal is directed against the judgment of conviction and sentence dated 12.1.2010 passed by the Presiding Officer and District and Sessions Judge, FTCI, Mangalore, in SC No.33/2009, wherein, the learned trial Judge found the accused guilty for the offences punishable under Sections 366, 376, 346 and 506 IPC, convicted and sentenced him to under go imprisonment for seven years and to a pay a fine of Rs.2,000/- in default, to undergo simple imprisonment for three months for the offence punishable under Section 376 of IPC; to undergo imprisonment for a period of seven years and to pay a fine of Rs.2,000/- in default to pay a fine amount, he shall undergo simple imprisonment for a period of three months for the offence punishable under Section 366 of IPC; to undergo imprisonment for a period of one year for the offence punishable under Section 346 of IPC and also to undergo imprisonment for a period of one year for the offence punishable under Section 506 of IPC and all the sentences to run concurrently.

(2.) The criminal proceedings started in the beginning on the strength of the complaint lodged by a girl aged 13 years, daughter of Bheemanna Rajoor, residing at Gajendragada, Rajoor Thanda, Rona Taluk, Gadag District and presently residing at Mosque Road, Panjimogaru village, Mangalore. Her parents are Shanthabai and Bheemanna Rajoor. She has siblings. Her neighbour is the accused-Venkatesh. He resides with his parents. Normally, the complainant used to go to his house for playing. Similarly, children from his family used to come to the house of the complainant for watching TV. But boys from that house were not visiting because of the objection of the father of the complainant. Accused may be aged 21 or 22 years as stated by him. He was telling that he was a mason and he used to talk with complainant with love. He used to wait for the arrival of complainant from the school only in order to speak to her. His family had occupied the neighboring house just two months back. Having observed that complainant was staying almost at home during dasara holidays, he had applied leave for one week just in order to love her. He used to wait near the water tank whenever complainant used to go there. Having observed that he was following her, she also started looking towards him. He proposed that they shall run away from the house and marry. Because of this, education did not go well to the complainant.

(3.) She felt that she can find good days if she goes along with the accused. Further, on enquiry, he told that he belonged to 'Kalloda' caste and complainant is a 'Lambani'. For one month he mesmerized the complainant and made her very dull in thinking and was asking the complainant whenever she was alone to kiss him. But the complainant did not. By his force and attitude she thought that if she goes along with him she shall marry him and become rich quickly. He was also luring the complainant with things and saying that he would make her rich earlier and would give all the money what he earns to her. When she developed fascination to go with him, during Deepavali holidays, he promised the complainant to take her when there was no other members. On 27.10.2008, Monday, it was a school holiday because of Deepavali festival. On that day, she was wearing blue langa and blouse and at home. At 4 p.m. accused signaled and called her. She went along with him. At that time, mother of the complainant was bathing, father has gone to elder sister's house and younger sister was playing in the backyard and accused took her without their knowledge. They went via Masjid road to Kulur pet by walk they came to KSRTC bus stand near fish market. From there they went to Dharmasthala. On the same day they went to Turuvekere from harmasthala and reached Turuvekere on 28.10.2008. From there accused took complainant to Dabegatta, Hosur and went to the house of his elder sister Savithri and her husband Mohana. However, Savithri and Mohana shouted at the accused, for which, he said he was going to marry her and then she asked to brought her in and they stayed there till 4.11.2008. She was offered breakfast, lunch and she used to sleep along with the sister of accused- Venkatesha.