State By Channagiri Police vs Mohammed Shakib on 1 June, 2009

[Cites 7, Cited by 6]

Karnataka High Court

State By Channagiri Police vs Mohammed Shakib on 1 June, 2009

Bench: Manjula Chellur, A.N.Venugopala Gowda

IN THE HEGH com'? 012* KARNATAKA 

AT BANGALORE}

BATED 'I'HiS THE 1%' DAY 09' JUNE  ' F.

PRESENTMW

THE HON'BLE3 MRS..JUS'I'iC.;E} MaN;;m.;§a CHE:L_{:;Lr§§

3?'.3'333.._  2  
THE H0N=BLB MRJUSTIC-E A;<NV:;"vENUG0;>AL4.= G"0_w::>A
CRL. APPEAL :39. _453of»2002 -- I

BETWEEN: V  ~ " * 
STATE BY   'V
CHANNAGIRIPQLIfL;'3_  '   
DAvANAGE22EDis5i1f;»-_% _    """"...APPELLANT
(By Sri. P. M  ;=;a:;;,, é§iP?}""""  
AND:  M %  ' 
1);vz0i§A1%£s'M'E:9 VS1'&A's::j;3_   
3/ 0 ABDUL; :s;AMME_m::AB__"_.'%V

AGED 28 YEARS;  
NU G<3;HA1,L: WLLAGE

 - Ac;~iA;$;'r€A{.:;;R:__TALU§<' H ---------- ~ "

X2} MGH'aMNIED: JARIF

Sf OJSRE ~2s.13;){5§.;g' EEAMEEDSAB
AGEU31 YE;A$?$',
NUG{'.,~;£HA,LLI_ VILLAGE?

 cHAz~:§es;§;;R1'TALuK

 - ":33 M.::;BAMMEa SHAKER
'  ":3;_'C:_A:~3~9UL HAM'EEz::sAB
. A(3.e3:3 33 YEARS,
  '€:1v:§L ENGINEER,
_ 'vv3:w;fr:VE PLACE: NUGG}¥§ALLi,



PRESENTLY RES§DING AT
D.NO.52; 1, 3RD CRQSS,
ANJANAPPA GARDENS,
NEW LAYOUT,
MYSOR3 ROAD
BANGALORE" 18.
4} SMT.NO{3RJAN
W/O SR1 ABDUL HAMMEDSAB
AGED 51 YEARS,  _
NUGGIHALLI VILLAGE ' __  '- V V _   "
CHANNAGIRI TALUK    
(By Sn'. A. N. Radhakrisf1i:a,Adx?o<:é'£e§ V 

Criﬁppsal is ﬂied undar SeCii03;:.._3'?'${1}_'_. 8:. (3) Cr.P.C.
by the State P.P.;.for V*St$.fc 'praying «that this Horfhie
Court may be pltmscd. to §gra.nVt:.isavé"vt<§~.fi1c  agapcal against
the juc1gement r1at»j:é(i' _3O."3..1.12{)€)T{__péassetimby the Addi. S.J.,
(Fast Track;-' fQcau'1"i;3'..__ r;ayarxag.arei",.,  s,c:.No.352/ 2900,
acquitting this  ;:i;:sp0I1d.eﬁt':~.wa<5¢usi:d for the oﬁbnce
puz1ishab1c:'m1_c§ttr Sé§:i~;o:1--36.3, 35!3'E(i1d 3'?'6 IPC3.

This 53.9631   for hearing this day, MANJULA
CHELI_V.me.}AJ a'¢é11--.:¢zsed"t1:u%~; following:

JUl}GMENT

.'  iiis ﬁled cI1a11¢::ngin.g the ozticr sf acquittal £11

 _  ($11 the ﬁk: <)fF'ast '3"rac1«: Cami, Eavanagere,

'  'ﬁg. Iﬁ brief, tha €38.85 of thé prosecutien is as unécr:

 -.3J_  Deceased Bharathi, when she was a miner, was mken

 " -. « by accused no, 1 t0 Baﬁgaiom to his brothcﬁs house with the



assurance of marrying her and committcté rape oI11 _ii1s;r.

Subsequently', a Paxlcitaayat was heid in the vﬂlage  'E1:_%" 

marriad her accarding to Mushlm customs. 

accused persons subjected her to:v.Jﬁ?¥"£i'e'it§; 7anci:i --1;flti1Vfe§1;éV1y 

killed her on 30.9.1999 at abgaut   'V

pillow on her face and th€:rea,ftr:i':?.:§ct he}  to

screen away the crime cmnmitttd'"b3' _:t.*3€§i;2_.._

b) '}['h-:: charges leyeiied   were ibr the

oﬁeaces punisL;s:t§:¢.w?':;:;cis;r  "37*6§498-A, 302 read

with Seciiola .3?-a.nﬁi:1f:,;2{)1';.I&L'E'.C.«'1'i:<: {::ase was committed to
SessionS'v--._{3G1§.ri'  eifsnibttﬁ £vex'e exciusivtiy triable by

that ccurt.  _Wéi53.  as accuseﬁ persons pieadtité

 not  to the V'<§1:r;2::'_g_§:_:§¢3..*:v<i:l1ed against them.

  A.g%e:i_;.1r$e inf ms}, in 83} 28 wimesses wars

sxémﬁﬁeé. v;2:;'3'=é;§jt'[:;f1'ar:n praducing 18 dmuments marked as

vVT[~..___4'v§};:s.P1 ﬁ:> ';.P18 anci 3} material asbjects. Portions of the

   Qf PW}, PW2, P313, PW6, PW11 and PW2?' came

  E: marked as Exs.D3. to D6.



d) The learned trial judge theugh was convinced of the:

homicidal death of the deceased, proceeded to ac(_1u4i::t-..'_:t'1:c

accused based on the fact that the pmsacution  _
to estabijsh which of the accusezi was 1\3s;3a*»:;;is--i§§lt::  «§21c_: u 

incident in quezstion. The main: Ieaéson :.forfjvCu:ﬁin'g'~.tbvV Vs.»:n__1<:}9;V T .«

conclusion was the sfate111€:nt_[a3f_ PWI'   if
the decaased and aiso her  that  
people after much 'the coﬁﬁﬁfs of the
complaint and they were   the members

of the family ofthéfgécuséﬁd to .. h «V

8} Agg:iéiz¢d"    of acquittal, pmsccution

has Come:  this 

"   2,.;?~;<;(:ii"2If£i1'I1g V1'i§i5M'iil:1€ pmsecuﬁen, tzvidence of the

   of thtit dsccascd would establish the

chaigﬁé  'éiecﬁom 498% and as the death was

'23,,V1111aii11:';'3VI},A'1.th€ Cami has {:3 presume that due ta ill»

 meteﬁ out in the daccaaed, she met with $1301}

'deééih, and in the 313363106 sf neighbours $1;.p§0rti11g the case

:3? the presecutien, {he evitiencc 0:" kith and kin would



indicate that she was mxbjected to cruelty during 1161"

Iifetime. So far as the mffence of rape is concemeé, 
girl was wr0ngii1I£y confined and rape was cemnzitikéd'    _

therefore, the trial court eught to have convicézzdv.  'f§§r.ﬁ1ev' "

oﬁbnces under Sections 366 and 3?€;: as   ' 

4-. As against this, the 1$a;::a:;ed a€i'9f§ii:ate foVrv"ii:cV d«£:f¢i;1céM

brought to the notice of the coufi» thoflgli aiigigatien
of conﬁning the éeceaseci"'\x;:;jor1g_{fiil'l_}}«*  a' "i'z>om wéié ﬁiade out
by the: groaecution, the saméﬁﬁéis simiiarly

the aﬁences pugaiétﬁable ¥¥1nc1_e§f..':Sec{i<§'::sV Vane} 1375, 1.13.63.

ailcgcd  ' Qﬁérzces punishable under
Sections  C3Q2'*and  fead with Section 34 against

other _»:=2(j:c11s<§§ V pers.i311$'-  not established, theréforﬁ,

 ,ta~--  «giijéécution failed to establiah all the

         

'«::_harg_é':3. l'7€:*§§iiIé€i..T_£ag.;::insi the accused.

 'E'fhé ';:;+'$i:::zi that wcsuld 3..'{'iS€ fcrr G121" consideratioza is:

 Whather €136 mafxriai avaiiabia on recorci wanants
'~if;?§I°ﬁ2:£";&n{:$ with the j1;&gms11t and order of acquittal?

 6. PW} azgci PW? are parents of damaged Bharathi @

V.V;'$§}&sha. Accmrding ':9 them, A»- lpersuaded ﬁer 1:0 accompany



him to Bangalom and because of commitial of rape on her,

they had to agree for the marriage; even aﬁer mamiéigc,

accused $ubj€:<:ted her to £1}-treatment and ¥.1i§'im:.?its'~:1"}_,;'.:f__.'k::t"L'.7f,VVA' 

put an and to her life by murdering her. pW3~1§aﬁc§axs:;'u:;"¢gs' 

for EXP} 1, Sﬁizlifﬁ of mcliminaﬁng li11<.t%A :.V§4"§._5)vv.V'2f3, 

suppcrts the 08362 of tha prosgcutioii,  is Vy%fﬁinetSs'V 

inquest maha2.ar--Ex.P4 cr>13.d1;<V:t't:z4:;1:.V'V":2:1  'rlgéadw E3? {lie
deceased. PW5--Raveesh3;~ .§peaks"'  ' 'p'éi1';(:.'hay£;it "i3eit;g heid
prior to the marriage of  and so far
as harassment V' the case of

'aha px~<3S:ec11_tic$iAV1LT'L'v.i?V\1§{:6 is't,Ei::..._;"1r:igh¥3our of the accused; he
Spfiéi-{RS  pieads ignoralscc regarding ill-

treatm;::::d:._  "Dr."G.jE3.§%t;i1 issued Ex.P8~post mermm

 ';%epg§«t."'Pi§2'3~i<:..G.§>rai§ééh, hrsaé master issued EX.P€«), birth

 "t h"s?. _é;i€<:*€:ase.d. PW9 is the assistant engincar

Whé »r:ijie1&*V.tif}é:'..--si;:etch as per Ex.?1(}. PW10 is the G116 whe

 '<::QnductCci_ i=;rzquest as per EJXP4 and rscoztied statemanis of

 and kin, PW}: talks at" handing aver two shits to

  but the same are net produced. F'w}2--~AI11am,1}}a speaks

  .0f the 10% affair between. A--~1 and the deceased, panchayat



and brings back unsekd items in the evening. Acoordiz:_;_g to

him, A-1 used ts assist his father in the §3usi;1;:;2=.s ;-««_¢_é)z:;v

1.10.1999, a Friday, he took the articles of A»«  V.

viliagcrs; A~1 and_A~--4 did not attenci Q13 she1i<':iy "' 2

were there. PW19 speaks about 

dated 11.2.1999 between the d.eCe_g§se(i a:j1€:I AV--~1.: 
Chidazlandayya who speaks of  gf$i1;;,'J_VV:::51i;s':ra3«y f;v:2*ith A~
1, information in this  by 'PWi2v%AA12$lding cf
panchayat wherein A--I _V_x§3'aQ:;3_  deceased

Bharathi anci ;~'iii%3; f3na1;Iiage;V aiéc:(:) zfiiI1g_...iio him, in the

marziagtf   "property was agreed to

be given  1&5:  ::1ocumex1t was given to her

and a gtgpy E4:;{¢a$_xé:ii§iv_%:}ié.bLVfather Gf A-- 1; abeuf: 7*'-8 monihs
 2i1_f1e:r~:r?e§i3i'?:,e1fA..iAV:si3;f:A.  ""§"W21 is the photographer who took
   dead body at the time of inquest. i3'Wi22'~
hﬂzicih'   watch ovsr the dead body and took it far
Pgst  he prodmceﬂ pﬁrsonai baiengixxgs {if the
   .§%§{~:$.S.4§:&ci, "i,e, Fv'E.Os.i29 {£3 31 beibre the poiictat PW23 is

 cozxstabie who was posted. on éuty after

 '  §; VVa. ;3frf:1"eh::t11di11g A~1 1163.1' Bhadravati bus stazid and produced



him before C.§3.I. PW24 talks of apprehending othcir accpsed

on 1.12.1999 and the report is at Ex.P1:'§. PW25 is 

who mgistcrad Crime No.234/99 based on the  .

PW1 and sent FIR to the court. PW26 is the 1  u " 'V 

tht': spot after receiving yhone meisasagea th€3.. 1,iI1i1.*2iiu;"a:3;;VTA«

de:aﬂ1 of a woman and he is tl15-,_.one i?:f1 1C- senf¢"'}V:i*§£ 1A_v 
police station far registering  héi  spot
mahazar as per Ex.P5  1 tov SA. HVIVDWQ7 is
another 1.0. whe aisca    mcorded

vcluntary State;11€.tr«2§ _' of  lg   he conducted

recove1'y: V.;§er 35 under which M.G.2ﬁ was
recovsrrsdb PW2'?  ﬁled charge sheet after

complcting i::{{fcs:figat}i0::.§'- PW28 is the constable whey cazﬁczd

' V' 'E.x.P';'.,.. {0 'Lbs pg-iice staitibn.

 Patii says the faﬂawing irxjuxies wait

V VV _ fo1;1:€i"*anv=t:f1é's:i;éa£i hﬂdyz

 ..   wounds 01: the chest, abdczmcn, both
V'  'hthighs and bath fags, bet}: mms, were

pmsent;
Ali the bmn wounds were white in coisur,

:30 red ﬁne demalztation S8511, skin on the



If}

xvotinds was burnt. Skin and face and back
biackened. .
Mi the burn Wounds were pos£--mort:c:m in  

nature. '

Accczrding to him, éeath was due  as 3 'ﬁ:=§1;lt of 

suﬁbcation and it must have happeﬁéd  «te::r  'V

the past mortcm; he has opi11ed'tI:>1.é1t.if"a  on
the mouth and both noségzﬂs, .a'"pé§t's§$i:__Waﬁ£d"di¢§g;1ue to
suffocation, and that a piilcw'   cause such

suffocation; accorglwmg te:'hiIi1,'~§3:1,r1'1$'--x57e1*ezgzdst mortem and

there m?g.$"1;<H)  {If   and wounds were white
in colauiﬁ. Es  «a parse}; digs due to $1:1<::ac::k

suddsnlfg eveﬁi hefoﬁiz   or immechiatelgg after catching

 * ﬁxe, v1i:i}.i:'i:r§f;..x§;r<.;1,1l»:i ;1é3}t'b'c*'i€d line <1-if degstaztatian. He Ccanﬁrms

 =t1'1at 1tVis'v..nﬂéﬁ 'p§s'r.ib}£ ta say that burn-3 were post martem

onij: {>33}; the  0fb':.1:£'::s being white in coirzmr. Accoxding

 ' Ito the: siﬁejt Vmahazar, the dead hardy was found cm the

'1..1:;i{}éf3i_3fS ifing on its back,

   The fméings dtiring iaqusst proceedings go :9 Show

 t.11a*£. the sntim aieﬂzea were burnt 311$ back portion {3f the





ELI

dead body was not burnt; tongua was protruding bet.r.r«=.--*_c<:':I'1

the teeth. Though the opinion ofthe doctor is that ,

due to asphyxia as a result of sui:I'o=:*ation,--A"""i13  V'

t:xamiz1atio11 he says if someone diesd-ue_t0 s.§1oc }§ 'b%:f<):i::. 

SpIEa(iS over the "body, there Wiii not lbs  

iherefom, the evidence of this   gt}  
he is not defmite whet.her'_bu1"ns'i1;;dic§§te«':.ﬁ¢yH%i1'e post
mertem in nature. He i1va1:3: é';}sQ".V_1;:(12.;;;"on What basis
he opmes that death \&7£{S:_€ii1§.':_'f;:(Z3  does not say
whether   of used on the
mouth  gzressing her face.
But the  'hot accidental burns and it

hé1Pii>€1T'~*3d in 4f':'4l'1@.. f"2I*s'£.';"£1o» 0r  the house, There is no defmite

'V V' cvidéﬁzée i..A't;¥1at {he'V  was tZ)fht"LI'WiS€2 than homicidal.

'9.__' 1V'Ahe p.¢5x§§..V;q:i1estion is, whethar the accused persons haé.

  ;<:_QHl1110I:': ﬁgientian to kill {ieceaseci Bharathi, in omier to

  ';§:.{{"iAf;a;C;';{"' 7316* provisian of Sacﬁon .302 read with Sectican 34,

 in order to ascertain this, it has 13:) be seen if the

 'V.;§'1v;<'3's€cz,z'£:io11 has established that Awl murdered the dmeased



by smothezing with a pillow and other accused assisted;

in making the cvidance disappear.

:0. Apparentiy, death has occurred in  u 

heme: ofﬂae deceaged and it was Within   .'

accuseﬁ as to how it 0CC1EII'6d5.--!}1}§;E€ c14c&§a€i" £:ody  
the 1st ﬂoor lying on the  cvidérgcagéf;  d;)ct0r
defmitely does not rule    part of
the deceased becauae accQ:1f;<ii'IA1'Vg'i€js' not be any
red line d<:marc;3ti:;:n;;1 1'§11  dies suddenly

due to shack'   fat. in tha present

case, ap a1'"i: -item" t':§c t§s3¢E:s;SE;¢:1,' severai other persons were

also living  the zftiatiiﬁzeziial home. Merely because it was

V 331 imgérécaste iixarriagc, it does not mean accused were

  ﬁlmqﬁiztg  to (19 away with hat ﬁfe. As a matter of

fag.-,3;-['§:.[Aisv4§£h§  of prosecuﬁon. that ﬁr} {wk her away

 _ pziorﬁo the  and they were iiving in his bmthefa

 "--..Vﬁo}.:$¢. '}E'}2ié would 03113.2' go is Show that apart: from Ari, his

  was also supporting their marriage. It is ﬁtiﬁli franc:

  ~.Vf_:£1(§'§€Vi{i€ﬂC€ that name of the famﬁy members of deceased

:~ Bharat11i ware: mftrested in the said maniagag thczir



13

aﬂegaiiexz is that there was persistent demand for dowryand

they were troubling the deceased on one pmmxi or 
According to them, she was conﬁnmi in a  V.
allowing her to talk to anyone. '¥'hereVf»g1t,  
Chjts through the Winciow in the 

according to the {)F0S6C1}t1'OI1,V.'W{3'rfi handed 0':€'1 'faI:iﬁ:ﬂy 

members cf the deceased and  the   to;
know about it, they c1ose{:1 '§1:_1e u?i'11d§>xx~:.;3ﬁi§11A,3panelsAAai1d nails.
She was aiiewed to go is aempk:  \>\?31:é: 1'3;-- :'g}:1'r.=;~ met her kith

an km, she }1a1j1ci:L?§iﬂ%3veI:=__c1:;§iL'a§~':to".ti:i€,*:£11V.._f{fﬁot1gi1 such chits

were gitsén ttﬁ " E33? 2f:f;§.'t 11{3£v, '~$CCQII:3.iI1g to him, none of these
chits are 'attained   not part of the prosecution

reccsrcis _V

'A ' V.  3,  other hand, the evidence Wouid go to show

 wlzamver share: A-1 would have got,

_W3.S  tea the name 9f the decaassed pfiar '£0 f:]:1&
§.a":.t1?i age.V'V--"i5'11is Wouié 013.13? gas to Show that war: some

 _;.:§17r;Vpér:ﬁjg was kept in her name.



iii

12, Then coming to the lodging of comp1ai11t,g i}1c

incident Gccuned duzéng the intervenizlg night of  ' 

and 1.10.1999, am} the compiaint was 10dga€iHq19£-iiiﬁ.  

at 11.15 a.1:1:1. Thus, theme: is a de1ay"6f35«   k_::iV5gVi:ArV1g 

the complaint from the time of dsgciirfrcznce;  PW} Vi:13;$  "

categorically admitted that by vpum. "on 
came to know about thev iqcide:Li"aﬁ§i~  visitiixg tﬁc spot,
the: complaint was lodged:  from

her community vjfJ:3;.'}:£ﬂ§3  V__t11e' /ﬁﬁmpiaint. Even
then, it is    is not pmperly
2  other hand, defence
brought 511:1 'r>5=:c<j1'd!  Conspiracy in lodging

the complainﬁ.   of the evidence of PW2~fathcr

 gr   be marked and PW27«CPI admits

 '--,th:: éaé.§l"vsfaf§:ng€ﬂts. iiccordirxg to E2x.[}2, PWE had stated

b€.f1'§Ifl.T'é"tht%  that he ixxtcndﬁci ti} send all the reiatives

' =;>f tZ1é"a,c%:,:s.%i to jail Elven PWf;~Su€iha, elder sister of the

V' iieééasgé Eas stated 30 in 116:' statement before the Tahgﬁdar

 Ex.D6. Acmniing is 133;", she wanted the famiiy 91"

"AB§iu1 I-Iamecisab to 136 completely wiped oﬁl Aicmg with



.....

'J:

her parsnts she also W311: and lodgttd the compiaint that the entire: famﬁy of the accused should be behind hars_ ... family members of the cieceased had veﬁgeance of _ nature, no Wonder that aven innacent ;3e0p1e_--am u in the comxxxission of the crime. All this:méaf£ur§a1.'x=§%€>t11:}Vr::;¢f3,l§:

establish the contention Qf tl1eV.defenct§"t.I1'a?. the, and others were an aiong \;é;:2g:é:af1ce:':against the accused anci have leiiged a R x

13. There is (mm more faéﬁ the court to accept the saié; 't':Qf_1":enf:i0ng t';.'1&(%i""«i;i{:f;e;:;:§.ée. Acocxrding to PW22--hétad in Watch the dead. body at 12.00 miciﬁigilt 011'-1'.1.G. V .P'\.V1~mother aémits that she went :5; i;H¢: h£).£1se 0f"tIi1c:V' accused cm that night and by that Vvfgagt off, $55 remained in the house tiﬂ cvenjgmg in the village prepared EXP} and she 321% pig: hm'? Acetroréing to PW29, Gus 9f the wimasses is '~ _ th¢ spat" and alga ts ihe marriage, PW? Went is the jliﬁatieun on the very same night 3322 came back aftar the cornpiaint. From this admission, it confirms ifthc-rs was one mom sempiaint othaz' than EXP: which is not before us. If the police haci came to kuow of the " 3 admitted by W22 during the early hours of 1. 151999" M the Tahsilciar was also at the spatioﬁ complaint ought to have been ﬁ1ecb§j1'm:'--m_T 'aftrzrn incident. Thcrefcarcz, the V" was in concluding that E§x.P1 is. not the investigaﬁng agency }1::i\,_ lodgaci prier to Ex.P1 ~therei'df£:', Sis not able to exylam the d¢}..a:;,:.' ~ "

"14 'b§ve that when they came out craf Cal} an {E6 irztervcning night of 30.§;~3 $399 b'Z(;}.."~*'}{999 heard cxzies from £1116 heuse §:sf aqcsﬁsed; both é§f'«t}:1sf::1:: did not pay attention, thinking it K_w3.§;"::xpi$r;j_ cinema on 'RV. The ieamled trial judge féuléﬁ-.VVﬁiét 'ii}'1é1§: is impmvgmeni in the versian sf tlm .witnesLEse$'-- A011' "c0m§ar:i'ng their evidence with Sscticn. 161 'A4 "s.§.at<3[3;;€;ni§. if the wands did ﬂat attract their attentian

-s¥e:1iVQ'u:;iy, éeflniteiy We cannot placa much reliance cm a . _ ' 's,-ingie CiI'C"i."£I}3.St8ﬂCﬁ.

IS. In the Eight cf the above sexieus deﬁciencies in _r;1::c cast: of the prosecution, the so-calletii recoveries wiii ::1§}u';= }fiavE: A' much xeievance. There is diifercilce of apizxion': ' recovery of M.O.26~»pi11ow used for s_1_11.o.t};1_eI'i11_g"iIi&*:i1ve::§éa$¢d.'_ Prosecution mainly reliiss on circuinstatztial1evidgi1cé,. [E::7s.ii./_:

none of the cixtumstances :_e.3.1;§1b]iVé§i:u?£1. VHo1?§ééi*:;;s./ S1lSpiC.'i£3I1 based on such eviéiezgcﬁlg itﬁwﬂl not take tht: place of proof: ma} _"§z.1dge: was justified in not accept1ngAV:}:_1§*:' <::aL.<.:§Vcf§ §f S0 far as the -.:>ﬁ"e:1ccs_" }fji%;1:;1 -i's}1é§<)1eiLuiidéii' 302 read with Sztctien A. 3 E . R V 16:'-Tiianv<':o§:§iﬁg. f1:x.. ..'0:ff'ence under Section 498A, I.P.C., fzxcepét-. t}1e_'}:;if'i; kin of the deceased, 13.0 mdegiéiadgni ..witneés"*--has supporteci 131$ prosecution case. ..E'vr:i:'1" chrits indicating ill-£:*ea'£:111ent to the deéeaééd ait' :1:E3£: '%1anﬁs of the accuseé am ﬁat befare us. '.?W6~é§:1..éz:g;ﬁiz-fainiamce, sxpresseﬁ his igxzoranczit abcuit the 'ﬁieésaagzd icseing i}i~tmated1 by me accused. Similar is the ~.""§i"§7"}::§."'i:€.3%E'fi¢At{f cf PW 1.4. Thaugh PWs-- 14 and 13 am neighbours, * evidczzce dees not indicate that accused had Silbjﬁﬁiﬁd E8' the cieceaseci tn crutrlty, either physical er ment_aL.'4' whole, though at some point of time some ha:?¢1s§sni::1{i f'<:5r dowry was tried to be made out by' f}:é'E<ri_t13: Vvvttiey were not itertain or deﬁnits in their 'I'hcifc;fc1*z,>, V' abseuce 0:' prosecution estai§»ii5;;L;'fii'*1g t£1eV..¢Zna1}g_€ '"<iIo"§v1-y demand', we are unable, 3:0 u;1ci'cL'#§§VLf2z;ﬁi(lL,_.as ' id "i}1e' type 0f crucify alleged against thé' ma} court;

was justiﬁcd in  pumlshablcsz
under   nrﬁz 

1?'.    punishable under

Sectionérgéé .tt;»€* evidence on xtxzord goes is show théf; had raachad the age cf ciisc1'efgicu::,_ velu11fi;éiri1y'ezccen1pa:1i6d the accused to ﬁﬁyed in ﬁlti' house of A-3. There: is Show ciectaased ever protested thif act Gf A4 sjp*e:ﬁiéVI%ér retaining is: their viiiage from Bangaiare, ._ she :vas.'p;f?Essu:izing her garents far her marriage with A---1. . iiheugh they apposzzﬁ the marriage, £116}? get her Véﬁﬁxaﬁied to 5&1 in accordance with Musiim customs ami her ﬂame was aiso changed. As on the date of Pr: taking her away to Bangaiere, she was just some months 1953 theija 18 years. Therefore, the trial court was justified i11_'v»s{a"_;:?';i»n-g neither tht: offence of kidnap nor rape on the deceéééd V. 1 was established.

18. Coming to wrtmgful COI1f1;[::1f3II1¢I1,fA,::vV:1£:'7'€5'1'1{:1.\7V'{E A' discussed above that the pmsaeaﬁon i§ia4_.$'L*1iserz:tb9}§g* to estabiish that she was confmf-§iv..:._xf:0 gs. her communication was only wa3} §'f Vfiirgugh the window Of the Lrzatzimoniaflﬂ :v;}i§*sr to her kith and kin through A L V

19. we are of ﬁm opinion that tl%;ﬁ'r§;a§{iI1iIig triai judg does not Cail for a1A;t}«'_v méiihftmaé'; A :%.c{§t;1"dingl}g the appeal is ' Sd/'* REESE §§,;'§ Eigﬁﬁg

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Karnataka High Court

State By Channagiri Police vs Mohammed Shakib on 1 June, 2009

Bench: Manjula Chellur, A.N.Venugopala Gowda