F NATARAJA Vs. STATE

JUDGEMENT

(1.) The accused in Sessions Case No. 75/2006 on the file of learned Principal Sessions Judge, Chitradurga (hereinafter referred to as the 'Trial Court' for short) has challenged in this appeal the correctness of the judgment and order of conviction and sentence dated 21st September 2007 passed in the said case convicting him for the offence under Section 376, IPC and thereby sentencing him to undergo R.I. for a period of five years and also to pay fine of Rs. 1,000/- with default sentence of S.I. for a further period of three months.

(2.) Stated in brief, the case of the prosecution as alleged in Ex. P1 complaint dated 15- 11-2003 filed by P.W. 1 prosecutrix is as under:

(3.) Before the prosecutrix lodged the said complaint Ex. P1 on 15-11-2003. her father viz. P.W. 2 Lakshman had filed Ex. P2 complaint on 26-10-2003 (which date is incorrectly mentioned in Ex. P2 as 25-10-2003) stating that, during the night between 25 and 26th October 2003, his daughter (prosecutrix) went out of his house, but she did not return till 11.45 a.m. on 26-10-2003 and therefore, she should be traced out. On 11-11-2003, P.W. 2 Lakshman gave his another complaint before the P.S.I. of Hiriyur P.S. stating that his daughter was found missing since early morning of 26-10-2003 and he could not find her despite his efforts and therefore, he suspected that the accused Nataraj, who was working as a teacher in Swamy Vivekananda School where the prosecutrix was studying, might have kidnapped her.