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T. VENKATESH NAIK
Somashekhar – Appellant
Versus
Station House Officer – Respondent
JUDGMENT
1. Appellant Nos.1 to 3/Accused Nos.1 to 3 have filed this appeal praying to set aside the judgment and order of conviction and sentence dtd. 27/6/2011 passed by the learned Additional Sessions Judge and Fast Track Court, Hassan, in S.C.No.160/2003 c/w. S.C.No.21/2008 wherein the learned Sessions Judge has convicted the appellants for the offence punishable under Sec. 363 read with Sec. 34 of IPC and sentencing them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10, 000.00 each and in default, they shall undergo rigorous imprisonment for a period of six months. I - Facts of the case
2. It is the case of the prosecution that, on 5/2/2003 at about 5.30 P.M., Accused No.1-Somashekhar @ Somesh along with other accused viz. Accused No.2-Mallesha, Accused No.3-Tammayya @ Chandra, with a common intention, have kidnapped P.W.15-victim forcibly, while she was coming back from the school, near the Coffee plantation belonging to one Sri Narayanamurthy, situated in Eshwarahalli, Belagodu Road and on the same day, during night, Accused No.1 committed rape on the victim and on the next day i.e., on 6/2/2003, she was kept in the house of one Angadi De
(1) Mere recovery of a child from some other person ipso facto does not to prove offence under Section 363, IPC – Prosecution has to prove that accused either took or enticed minor out of keeping of ....
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
Victim of rape being minor, her consent has no significance.
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