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3. The said complaint came to be registered in Crime No.105/2012 for the offence punishable under Section 493, 376, 313 and 420 of IPC by the Hennur Police Station. During the course of investigation complainant was subjected to medical check at Dr.B.R.Ambedkar Medical College Hospital. The accused came to be arrested on 26.04.2012 who was also subjected to medical examination at the same hospital and after recording the statement of the accused, was produced before the jurisdictional Court and remanded to judicial custody on 27.04.2012. During the course of the investigation the IO recorded the statement of witnesses and on completion of the investigation charge sheet came to be submitted on 03.11.2012 for the offences punishable under Sections 493, 376, 313, 417 and 420 of IPC, which came to be registered in C.C.No.24822/2012. Accused was enlarged on bail by the jurisdictional Sessions Court on 19.07.2012 and was in judicial custody as an under trial prisoner from 24.07.2012 to 19.07.2012. On committal of the case to the Sessions Court it was numbered as SC No.41/2013 and on securing the presence of the accused the Sessions Court released him on fresh bail on 21.02.2013.

9. Having heard the learned Advocates appearing for the parties and after bestowing our careful and anxious consideration to the rival contentions raised at the bar, we are of the considered view that following points would arise for our consideration:

(i) Whether the judgment of conviction and order of sentence passed against the appellant-accused in SC No.71/2013 for the offence punishable under Sections 493, 376, 313, 417 and 420 of IPC is based on proper appreciation of evidence and as such, it is liable to be sustained?

27. For the reasons aforestated, we are of the considered view that conviction and order of sentence imposed on the appellant-accused for the offence punishable under Sections 493, 376, 313, 417 and 420 IPC cannot be sustained.

RE: POINT NO(ii) :

For the reasons aforestated, we proceed to pass the following:

JUDGMENT
(i) Appeal is allowed.
(ii) Judgment of conviction and order of sentence dated 06.09.2014 passed by LIII Additional City Civil & Sessions Judge, Bengaluru city in S.C.No.71/2013 is set aside and appellant-
accused is acquitted of the offence punishable under Sections 493, 376, 313, 417 and 420 IPC.

(iii) Appellant-accused is ordered to be set free if not required in any other case.

(iv) Bail bond furnished by the appellant -

accused and the surety stands discharged.



    (v)     Registry is directed to refund the fine amount

            deposited      by     appellant    -     accused   by

            transferring        the   said    amount     through