IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL No.100007 OF 2016 (C)

BETWEEN:

MANJUNATH S/O BASAPPA SUNAGAR AGE:28 YEARS, OCC: AGRICULTURE, R/O: BUDAPANAHALLI, TQ: BYADAGI, DSIT: HAVERI.

…PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY BYADAGI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

…RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

CHANDRASHEKAR LAXM AN KATTIMANI THIS CRIMINAL APPEAL IS FILED U/SEC.374(2) OF CR.P.C., PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER OF JUDGMENT AND CONVICTION DATED 07/11/2015 SENTENCING THE Digitally signed by CHANDRASHEKAR LAXMAN APPELLANT / ACCUSED TO UNDERGO IMPRISONMENT AND PAY FINE KATTIMANI Date: 2026.02.21 FOR THE OFFENCES PUNISHABLE U/SECTION 366, 376 & 417 OF IPC

16:44:31 +0530 PASSED IN S.C. NO.73/2011 BY THE HON'BLE II ADDL. DISTRICT & SESSION JUDGE, HAVERI (SITTING AT RANEBENNUR) AND ACQUIT THE APPELLANT ACCUSED FOR THE OFFENCES U/SECTION 366, 376 &

417 OF IPC, IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri M.S.Haravi, learned counsel for the appellant/accused and Sri Praveena Y.Devareddiyavara, learned High Court Government Pleader for the State.

2. Appellant is the accused who suffered an order of conviction in S.C No.73/2011 dated 07.11.2015 passed by the II Addl. District and Sessions Judge, Haveri (sitting at Ranebennur) for the offence punishable under Sections 363, 366, 376 and 417 of the Indian Penal Code (for short ‘the IPC’) and sentenced as under:

“The accused person is hereby convicted for the offence punishable under Section 366 of IPC by sentencing simple imprisonment for a period of 4 years and to pay fine amount of Rs.5,000/- and in default to pay the fine amount he shall undergo simple imprisonment for a period of one year.

Further, the accused person is also hereby convicted for the offence punishable under Section 376 of IPC with simple imprisonment for a period of 5 years with a fine amount of Rs.5,000/- and in default to pay the fine amount he shall undergo simple imprisonment for a period of one year.

Further, the accused person is also hereby convicted for the offence punishable under Section 417 of IPC with simple imprisonment for a period of 3 months with a fine amount of Rs.1,000/- and in default to pay the fine amount he shall undergo simple imprisonment for a period of 15 days.

All the sentences shall run concurrently.”

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

Complainant, being the father of the victim girl in the case on hand, was residing at Budapanahalli, Byadagi Taluk, with his family, eking out his livelihood by running an autorikshaw. He had two daughters and a son. The victim girl who was studying in 10^th Standard during the year 2011 is one of the daughters of the complainant.

4. On 15.04.2011, when the complainant returned home, victim girl got him tea and after drinking the tea he again went out of the house for washing the autorikshaw. After sometime, when he called the victim girl there was no response. Wife of the complainant told that victim girl has gone outside the house for attending the nature call. But she did not return even after lapse of sufficient time. Therefore the complainant and his wife kept search for her and visited friends’ and neighbour's houses.

But victim girl was not found.

5. Accordingly, on 17.04.2011, the complainant lodged the missing complaint with Byadagi Police. The victim girl was aged 16 years as on the date of the incident. On 20.05.2011, police apprehended the victim girl and the appellant/accused.

6. On enquiry, victim girl disclosed that appellant had eloped her and committed forcible sexual intercourse. Therefore, further statement was recorded and case came to be registe