Criminal Appeal No. 653 of 2007 along with Criminal Appeal No. 735 of 2008. Case: 1. Manjappa 2. Vijay M. S. Balakrishna Madiwalar Vs State of Karnataka. Supreme Court (India)
| Case Number | Criminal Appeal No. 653 of 2007 along with Criminal Appeal No. 735 of 2008 |
| Counsel | For the Appellant: Sri Shankar Divate and For the Respondent: Anitha Shenoy |
| Judges | P. Sathasivam and Anil R. Dave, JJ. |
| Issue | Indian Penal Code - Sections 34, 366A, 372 and 373 |
| Citation | 2011 (1) KarLJ 353 (SC), 2010 CriLJ 4729, 2010 (9) SCC 334 |
| Judgement Date | September 08, 2010 |
| Court | Supreme Court (India) |
Judgment:
P. Sathasivam, J.
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These appeals are directed against the judgment and final order dated 06.02.2006 passed by the High Court of Karnataka at Bangalore in Criminal Appeal Nos. 624 and 616 of 1999 whereby the High Court allowed the appeals filed by the State of Karnataka - respondent herein and convicted the appellants herein for the offences punishable under Sections 366A, 372, 373 read with Section 34 I.P.C. and sentenced them to undergo imprisonment for a period of seven years with a fine of Rs. 50,000/- each, in default, to undergo simple imprisonment for two years.
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The case of the prosecution is as under:
(a) On 03.04.1997, Hanumanthappa, father of the victim, lodged a complaint alleging that his daughter Shilpa, aged 13 years, was kidnapped by the appellants herein on 24.01.1997 at about 11.00 a.m. from his house and they had taken her to Bombay with an intention to force her to have illicit intercourse and thereafter, had sold the victim to Shanta (A-1) at Bombay for Rs. 5000/- for the purpose of prostitution and for immoral purposes. On the strength of the said complaint, Kumarapatnam Police registered a case in Crime No. 41 of 1997 and started investigation. On 24.04.1997, on receiving information about the victim, the Investigation Officer had gone to Bombay along with the panch witnesses and the complainant, traced out the girl and the appellants herein and returned to Kumarapatnam Police Station on 27.04.1997. On the same day, the statement of the victim Shilpa was recorded and she was sent to the C.G. Hospital Davanagere for medical examination. The appellants herein and Shanta were arrested on 27.04.1997 and charged for the commission of the offences punishable under Sections 366A, 372, 373 read with 34 I.P.C.
(b) The prosecution examined six witnesses in support of its case and marked several documents. By order dated 03.02.1999, the Sessions Judge convicted Shanta (A-1) and Vijay M.S.Balakrishna Madiwalar (A-2) (appellant in Crl. A. No. 735/2008) for the offences punishable under Sections 366A, 372, 373 read with Section 34 I.P.C. and acquitted Manjappa (A-3) (appellant in Crl.A. 653/07). Against the said order, the State preferred an appeal against the acquittal of A-3 and another for enhancement of the sentence of A-1 and A-2 before the High Court. The High Court, vide its judgment dated 06.02.2006, allowed both the appeals of the State confirmed the conviction of A-1 and A-2 and enhanced the sentence of...
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