YOGENDRA, S/O MANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal arises out of a judgment of conviction and sentence passed by the Sessions Judge, Fast Track Court No.1, Shivamogga in S.C.No.5/2012 dated 25.07.2012.

(2.) We have heard the arguments of learned counsel for the appellant Shri B.A. Ramesh Babu and also the learned Additional SPP Shri Vijay Kumar Majage for the State. We have also carefully perused the material on record.

(3.) The brief factual matrix of the case as per the prosecution case is that, a lady by name Shrimathi, W/o. Rudresh of Gundibail, Thirthahalli Taluk lodged a missing complaint before the respondent police on 8.9.2011 stating that about 7 to 8 years ago her husband Rudresh left her conjugal company. Thereafter, the accused Yogendra came in contact with this lady and they developed intimacy with each other and started living together along with the daughter of the complainant born to her husband by name Chandana who was aged 8 years at that relevant point of time. The accused and the complainant were doing coolie work, i.e. areca cutting, etc. It is alleged that, on 4.9.2011 the sister of accused by name Asha had telephoned the owner of the land in which the complainant was doing coolie work to the effect that, the accused had brought away all the household articles along with the complainant's daughter Chandana and had come to Gundibail village, from Gadikoppa Village. Immediately, on 6.9.2011, she enquired with one Nethramma who is the owner of the house at Gadikoppa in which the complainant, accused and Chandana were residing and she came to know that on previous Saturday itself the accused had taken away all the household articles along with the girl Chandana. Thereafter the complainant and Asha went to the house of the accused at Gundibail and came to know that Chandana was missing from that particular place. They also came to know that the accused was arrested in connection with some other case and he had been lodged in Udupi Jail. Therefore, the complainant lodged a missing complaint with the respondent/Police after which a case in Crime No. 269/2011 was registered. It is the further case of the complainant that they met the accused in Udupi Jail and came to know that the accused has committed the murder of Chandana and threw the dead body in Kumudavathi river. Thereafter they started searching the said girl. On 11.09.2011 at about 7.30 a.m. one Mr. Gopala told the complainant that, there was a dead body in Kumudavathi river near Gundibail village. Immediately, the complainant and sister of the accused Asha went to that particular place and saw the dead body of the girl and they observed some injuries on the body of the said girl. They identified the said dead body as that of Chandana. Alleging that the accused had been ill-treating and harassing the said girl for his sexual lust, they suspected that the accused must have committed the murder of deceased Chandana, after committing rape on her. Therefore, further making such allegations the complainant has lodged information to the Police on 11.09.2011 and a case has been registered in Crime No. 272/2011 for the offences under Sections 366-A, 302, 376 and 201 IPC.