ORAL JUDGMENT

Heard Sri Vikyath B., learned counsel for the appellant and Sri Channappa Erappa, learned High Court Government Pleader for the respondent.

2. Appeal is filed by the accused who has been convicted for the offence punishable under Section 397 IPC in S.C.No.96/2021, on the file of IV Additional District and Sessions Judge, Hassan, sitting at Channarayapatna, by judgment dated 17.04.2023.

3. Facts in brief which are utmost necessary for disposal of the present appeal are as under:

On 27.01.2021 at about 7.30 a.m., Sri Kumar S.K., lodged a written complaint with Channarayapatna police station based on which a criminal case came to be registered by Channarayapatna town police station for the offence punishable under Section 392 IPC.

4. Complaint averments reveal that the complainant has been doing supervising work in a newly constructed building under Akkibabanna at Mysoru road in front of Nagesh Hospital at Channarayapatna. He used to sleep in the said building along with the workers in the night hours.

5. It is further contended that on 26.01.2021 as usual himself, masons Babu Sheik and Muneer Sheik were sleeping in the said building. At about 5.30 a.m., on 27.01.2021, an un