SUBBU @ SUBRAMANI Vs. STATE BY RAMAMURTHYNAGAR POLICE

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused being aggrieved by the judgment and order of conviction and sentence dated 26.12.2011/27.12.2011 passed by the Presiding Officer, Fast Track Court-7, Bangalore District in S.C.No.875/2010, wherein the appellant/accused has been convicted for the offence punishable under Section 364-A r/w Section 34 of the IPC and the appellant/accused was sentenced to life imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine amount, he shall undergo simple imprisonment for three months.

(2.) Brief facts of the prosecution case as per the complaint averments are that PW1 Smt.Yashoda, the mother of the victim filed the complaint under Ex.P1 on 12010 stating that she is residing along with family member in the address mentioned in the complaint and she is the house wife. She is having the daughter Kum.Vaishnavi aged 5 years and son Jithesh @ Appu aged three years.

(3.) On 11.2.2010 evening at 4.30 p.m. both the children of the complainant were playing in front of the house. After 10-15 minutes the mother of the complainant came and saw that children were not there and accordingly she told the complainant that children were missing. Herself, her mother and the neighbourers made the search of all the places, even then the children were not traced. When they were so searching PW4 Sri. Arun @ Abhi who is the tenant in the house of the complainant told that he has seen the accused persons along with the children in front of the bar, he also told that he raised a suspicion and wanted to enquire with Subbu @ Subramani accused person as to why he has taken the children with him, but by the time he went to the said place the accused person along with children boarded the auto rickshaw and went towards Kasturi Nagar passing in front of the Karthik Bar. PW4 also stated before the complainant that he wanted to chase the accused person, as he was not having any vehicle with him, it was not possible for him. Then the complainant and others made the search at Kasturi Nagar, Chennasandra, Beneganahalli, NGF and on all other places. But even then the accused and children were not at all traced. For some reason the accused person kidnapped the children. Therefore, he prayed to take appropriate legal action against the accused person.