IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO.2178 OF 2016 (C)

BETWEEN:

IRANNA S/O. BASAPPA SHEKHA AGE: 22 YEARS, OCC. COOLIE, R/O. HOSAPET ONI, GULEDAGUDDA, TQ. BADAMI, DISTRICT: BAGALKOTE, PIN-587 203.

…APPELLANT (BY SRI.SRINIVAS NAIK, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH GULEDAGUDDA POLICE STATION, DISTRICT: BAGALKOTE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU, PIN-560 001.

…RESPONDENT VIJAYALAKSHMI M KANKUPPI (BY SRI.M.B. GUNDAWADE, ADDITIONAL SPP)

D VI i J g A it Y a A ll L y A s K ig S n H ed M b I y M THIS CRL.A. IS FILED UNDER SECTION 374(2) CR.P.C, PRAYING KANKUPPI TO CALL FOR THE RECORDS AND ALLOW THIS APPEAL BY SETTING Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 29.11.2016 PASSED BY HON’BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN S.C.NO.27/2013 CONVICTING THE APPELLANT FOR THE OFFENCES PUNISHABLE UNDER SECTION 366(A) OF IPC AND ACQUIT THE APPELLANT OF THE OFFENCES PUNISHABLE UNDER SECTION 366(A) OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL JUDGMENT

1. This appeal is preferred against the judgment and order of conviction and sentence passed against the appellant for the offence punishable under Section 366A of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short).

2. The appellant/sole accused was charged for the offence punishable under Sections 366 and 376 of IPC. The learned Sessions Judge, on appreciation of the evidence and material on record, acquitted him of the offence punishable under Section 376 of IPC, however, held him guilty for the offence punishable under Section 366A of IPC. He was sentenced to undergo two years and to pay fine of Rs.5,000/-, in default of payment of fine, to undergo imprisonment for further six months.

3. It is the case of prosecution that on 28.07.2012 at

19.45 hours, the appellant/accused by inducing the minor daughter of the complainant, aged about 15 years, stating that he will marry her, abducted her and committed rape on her and thereby committed the charged offences.

4. Ex.P.1 is the complaint lodged by the victim’s father.

He stated that the victim was studying in the 9th standard and the accused was moving closely with his daughter, and in spite of reprimanding him, he had not mended his ways. On 28.07.2012 at about 07.45 p.m., his daughter left the house saying that she is going to her friend's house, but did not return even after 09.00 p.m. Thereafter the accused telephoned his son Ningappa and informed him that, he has taken his sister along with him intending to marry.

5. The victim was secured on 10.08.2012. Her statement was recorded, and medical examination was conducted. As per Ex.P.12 the certificate issued by the school, victim's date of birth is 12.11.1997. There is no much dispute about the age of the victim. The learned Sessions Judge found that the evidence with regard to charges under Section 376 of IPC is insufficient and accordingly, acquitted the accused of the said charge. However, from the evidence of the victim, examined as PW.10, and from the evidence of PWs.1, 9, 11, 12, 13, and 15, the learned Sessions Judge held that there is sufficient material to hold that the victim was abducted by the accused by inducing her. Hence, the accused was held guilty for the offence punishable under Section 366 of the IPC.

6. Insofar as acquittal of the accused for the offence under Section 376 of IPC, there is no appeal preferred by the State. Hence, the finding has attained finality.

7. I have perused the evidence of the victim/PW.10.

She has stated that on 28.07.2012 at about 07.45 p.m., when she was in the house, accused telephoned to her and stating that he will marry her, told he