JUDGMENT

N. V. Ramana, J. - The instant appeal, by way of special leave, is directed against judgment and order dated 11.09.2008 passed by the High Court of Karnataka at Bangalore whereby the High Court dismissed the Criminal Appeal No. 128 of 2005 filed by the appellants herein (accused nos. 1 and 2) and affirmed the order passed by the trial court.

2. Brief facts of the case are as follows: The appellants-accused were tenants of PW-7 (complainant). Accused no. 1 is the brother of accused no. 2 and accused no. 3 is the wife of accused no. 2. When accused no.1 expressed his desire to marry PW-8 (victim- the daughter of the PW-7), they were evicted from the house. On 13.07.2002 at 8.00 P.M., while the victim had gone to the market to purchase a notebook, the appellants forcibly took her to Punganur (Chittoor District) where allegedly accused no. 1 married PW-8 in a mosque. The father (PW-7) got a telephone call from accused no. 2 and accused no.3 that they have kidnapped his daughter and marriage ceremony has been conducted between PW-8 (victim) and accused no. 1. Pursuant to the same, PW-7 lodged a complaint before the police on the same day.

3. On 22.07.2002, accused no. 1 was appr