BASAVARAJA Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence for the offences punishable under Sections 376 and 366 r/w Section 34 of IPC on a trial held by the Sessions Judge, Davanagere.

(2.) THE facts reveal that PW.1 is the father of the victim -PW.2. On 22.07.2010 at 4.30 p.m., the appellant with an intention to marry the victim said to have been kidnapped her from the lawful guardianship of her father -PW.1 and kept her in the house of PW.4 -Durgamma. It is also alleged that the appellant committed forcible sexual intercourse and threatened her not to disclose the incident. She availed an opportunity and ran away. Thereafter, PW.1 - her father approached the police and submitted his complaint -Ex. P1. It came to be registered and in the course of the investigation, the spot mahazars -Exs. P2 to 4 were held and statements of PW.4 to PW.6 were recorded. The victim was sent to the doctor for medical examination. Mos. 1 to 4, the clothes of the victim were seized and the seized articles were sent for the opinion of forensic experts. The report -Ex. P15 and the medical certificate -Ex. P14 were collected. The birth certificate of the victim was secured from PW.7 and on completion of the investigation, the chargesheet was laid against the appellant and another accused for the aforesaid offences.

(3.) THE point that arises for my consideration is: