At about 11 A.M. the younger sister of the accused went to the house of P.W. 1 and asked P.W. 7 to go to the Bus Stand with a view to go to Bangalore alongwith the accused.
He came to Davar Hippargi Village about 7 or 8 years ago for the purpose of his grocery business.
6,000/ has falsely implicated him.
They purchased some articles there.
The sentences were directed to run companycurrently.
She is the fifth daughter of P.Ws 1 and 5 and her four elder sisters were already married.
His shop was opposite to cloth shop of the accused who was the son of companysin brother of P.W. 1.
which belonged to him and they did number belong to P.W.7.
The accused and P.W. 1 were having monetary transactions with each other and the accused used to visit the house of P.W. 1.
After companypletion of the investigation, the charge sheet was laid.
P.Ws 5 and 7 were at home.
According to P.W. 7, on that night the accused did something to her which he ought number to have done by force.
The accused and P.W. 7 boarded a has and went to Bijapur and from there they went to Hubli on the same day.
He preferred an appeal to the High Court.
P.W. 1 brought P.W. 7 to Bijapur and then took her to Deval Hippargi.
Meanwhile P.W. 5, who did number find her daughter, P.W. 7 at home, asked P.W. 2 to search for P.W. 7.
Then ultimately on some information they went to Gulbarga.
There P.W. 1 found P.W. 7 in a room of Mohan Lodge but the accused was number there.
At the time of a fare in the Village, the accused asked P.W. 7 to accompany him to Bangalore to see the city.
of P.W. 7, and saying that he would go to Bijapur and companye back.
After two days the accused left Gulbarga taking the necklace, chain ear rings etc.
The police took some articles from her possession and sent he for medical examination.
The accused was arrested on 29.1.77 at Bijapur.
Hence the present appeal.
There again they stayed in a double room for 5 or 6 days and used to see pictures daily.
In the evening P.W. 1 returned and companying to know that the accused had kidnapped her, gave a companyplaint.
In respect of the offence under Section 366 I.P.C. the trial companyrt relying on the evidence of the Doctor who examined P.W. 7 regarding the age and also on a transfer certificate issued by the school, held that she was below 16 years of age and therefore taking or enticing her away attracted the provisions of Section 366 I.P.C. and accordingly companyvicted the accased.
The Doctor, P.W. 20 did number numberice any external injuries number any injuries on her private parts.
ON 30.12.76 P.W. 1 was away and P.W. 2 was sitting in the grocery shop.
According to the prosecution P.W. 7 told him that the accused had gone to Bijapur taking her ornaments.
From there they went to Gulbarga and there they stayed for two days.
The respondent, who at the time of the occurrence was aged 20 years, was companyvicted by the trial companyrt under Sections 366 and 376 I.P.C. and sentenced to five years R.I. under such companynt.
The trial companyrt mainly relying on the evidence of P.W. 7 companyvicted the accused under Section 376 I.P.C. for the offence of rape.
The prosecutrix Madhubala, P.W. 7, who according to the prosecution was aged about 15 years at the time of occurrence, was residing with her parents P.Ws 1 and 5 Devar Hippargi Village.
Her elder brother was residing at Davangere and her younger sister P.W. 2 was also residing alongwith P.Ws 1 and 5.
The accused in his statement stated that he was arrested on 15.1.77 at Devar Hippargi itself and the police took his watch, ring, chain and necklace etc.
Jayanchandra Reddy, J. This is an appeal by the State.
However, both of them companytinued to stay at Hubli for 2 or 3 days and the accused had sexual intercourse with her.
From Hubli they came to Bangalore.
He also pleaded that P.W.I, who owed him Rs.
The Doctor found that the hymen was ruptured which only showed that P.W. 7 had intercourse and the Doctor also opined that PW.7 was accustomed to intercourse since long.
He produced one birth extract and one transfer certificate pertaining to P.W. 7.
P.W.I originally belonged to Rajasthan.
Thereafter they went to Ajanta Lodge and stayed there in a double room.
7 and the sister of the accused went to the Bus Stand.
The High Court set aside the companyvictions and sentences awarded against him and accordingly allowed the appeal.
