JUDGMENT :

This is an appeal preferred by the accused against the judgment and order of conviction and sentence passed by the V Additional Sessions Judge, Belgaum in Special Case No.354/2009, dated 27.12.2010 for the commission of the offence punishable under Sections 366(A), 347, 376 and 506 of IPC.

2. The learned Sessions Judge sentenced the accused by the said judgment to undergo simple imprisonment of eight years for the offence punishable under Section 376 of IPC and to pay a fine of Rs.10,000/- in default to pay fine, further to undergo simple imprisonment of three years. The accused is sentenced to undergo simple imprisonment of three years for the offence punishable under Section 366(A) of IPC and to pay a fine of Rs.5,000/-, in default to undergo further simple imprisonment of one year. The accused is also sentenced to undergo simple imprisonment of one year for the offence punishable under Section 347 of IPC and to pay fine of Rs.2,000/-, in default to undergo further simple imprisonment of six months. The accused is further sentenced to undergo simple imprisonment of one year of the offence punishable under Section 506 of IPC and to pay fine a Rs.2,000/- in default to undergo further simple imprisonment of six months.

3. Briefly stated facts are that : According to the prosecution, the daughter of complainant was studying in PU Second Year Science at St. Zeviar College, Bogarways. she had fallen in love with accused person of market yard who is a rickshaw driver. The accused driver too was insisting PW.3 to marry him. On coming to know of the fact, the complainant with his wife together advised their daughter and the accused person that PW3 is minor of 17 years old and they cannot marry now. But, the accused person did not heeded their words. On 13.07.2009 as usual at 8.00 a.m. PW3 the victim left the home under the guise of attending the college but did not return to the home till evening hours. In enquiry with teachers and her friends, the complainant came to know that on that day the victim has not attended the school. Therefore, on 14.7.2009, suspecting the accused person the complainant lodged the complaint before the police alleging that their daughter was forcibly taken away by the accused person in order to marry her.

4. On the basis of above said complaint, the jurisdictional police registered crime No.118/2009 for the offence punishable under Section 366 of IPC. Subsequently, the accused and the victim were traced out in a room at Yogapur locality of Bijapur (now called as Vijayapur) by the Investigating Officer. On enquiry with the victim they came to know the accused had taken away the victim on the pretext that he would marry her. He had forcibly taken her in autoricskaw in Chennamma circle. She was kept at Bijapur in rented house so that she should not contact anybody and should not escape from the said place. He had threatened to kill her. It is further alleged that the accused had sexual intercourse with the victim everyday where they stayed together in the said house. Based on such statement of the victim as well as parents of the victim, the Investigating Officer referred the victim as well as accused to the medical examination. As per medical report the accused and the victim capable of performing act of intercourse. The places where the victim was kidnapped and stayed with the accused was shown to the Investigating Officer by the victim. He conducted spot mahazar in the presence of witnesses. Statement of other material witness were also recorded by the Investigating officer. Based on the material evidence, Investigating Officer found evidence against the accused. Therefore, a charge sheet came to be filed for the aforesaid offences.

5. During the course of investigation, accused who was arrested was subsequently enlarged on bail by the order of Sessions Court. The learned Magistrate took cognizance of the offences alleged and registered a criminal case against the accused for the offence punishable u