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Showing contexts for: section 344 in Manjunath @ Sanju S/O Irappa Boodi vs The State Of Karnataka on 6 June, 2019Matching Fragments
These two appeals in Crl.A.No.100002/2018 and Crl.A.No.100201/2016 have been filed by accused No.1 and accused No.4 and 5 respectively against the judgment and order of conviction and sentence dated 27.05.2016 passed by the II Additional District and Sessions & Special Judge, at Dharwad in Spl.S.C.No.20/2014.
2. Accused No.1 is sentenced to undergo simple imprisonment for 10 years for the offence punishable under section 6 of the Protection of Children from Sexual Offences Act and to pay fine of Rs.10,000/- in default to undergo simple imprisonment for one year, sentenced to undergo simple imprisonment for two years for the offence punishable under Section 344 of IPC and to pay fine of Rs.2,000/- in default, to undergo simple imprisonment for one month and further sentenced to undergo simple imprisonment for 5 years for the offence punishable under Section 366 of IPC and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for 6 months.
3. Accused Nos.4 and 5 are sentenced to undergo simple imprisonment for one year for the offence punishable under Section 344 of IPC and shall pay fine of Rs.2,000/- each, in default, to undergo simple imprisonment for one month and further sentenced to undergo simple imprisonment for two years for the offence punishable under section 366 of IPC and to pay fine of Rs.5,000/- each, in default, to undergo simple imprisonment for two months.
4. Brief facts for the purpose of these two appeals are as under:
6. The learned Sessions Judge took cognizance of the offence alleged against the accused persons and registered the case in Spl.S.C.No.20/2014. Presence of the accused was secured. After hearing both the sides the learned judge framed charge against the accused for the above said offences. Accused pleaded not guilty and claimed to be tried.
7. The Trial Court held trial of the case and on the basis of evidence on record, learned sessions judge found accused No.1 guilty of the offences punishable under sections 344 and 366 of IPC and Section 6 of Protection of Children from Sexual Offences Act and found accused Nos.4 and 5 guilty of the offences punishable under Sections 344 and 366 of IPC read with section 34 of IPC and sentenced them as stated above.
39. As regards accused Nos.4 and 5 are concerned they are convicted for the offences punishable under Sections 344 and 366 of IPC. Accused Nos.4 and 5 being married couple provided logistic support to kidnap the girl in a car they went along with accused No.1 where the victim was confined in a house at Vishwanathhalli thereby the ingredients of Sections 344 and 366 are very much proved against these accused persons, they being married couple should have been known consequence of a teen age girl being left with a young man in a house. Therefore, the overall conclusion arrived at by the trial court with regard to the guilt of accused Nos.1, 4 and 5 are concerned is sustainable in law and facts on record. The trial court has rightly relied upon the rulings in its judgment as stated below: