The accused and PW 7 boarded a bus and went to Bijapur and from there they went to Hubli on the same day.
She is the fifth daughter of From the Judgment and Order dated August 2, 1979 of the Karnataka High Court in Criminal Appeal No.
The accused was arrested on January 29, 1977 at Bijapur.
The accused and PW 1 were having monetary transactions with each other and the accused used to visit the house of PW 1.
He also pleaded that PW 1, who owed him Rs 6000, has falsely implicated him.
The accused in his statement stated that he was arrested on January 15, 1977 at Devar Hippargi itself and the police took his watch, ring, chain and necklace etc.
PW 1 brought PW 7 to Bijapur and then took her to Devar Hipparagi.
The sentences were directed to run companycurrently.
PW 1 originally belonged to Rajasthan.
342 of 1978 PWs 1 and 5 and her four elder sisters were already married.
Then ultimately on some information they went to Gulbarga.
After companypletion of the investigation, the charge sheet was laid.
Hence the present appeal.
At the time of a fair in the village, the accused asked PW 7 to accompany him to Bangalore to see the city.
After two days the accused left Gulbarga taking the necklace, chain, earrings etc.
Her elder brother was residing at Davanagere and her younger sister PW 2 was also residing along with PWs 1 and 5.
Meanwhile PW 5, who did number find her daughter, PW 7 at home, asked PW 2 to search for PW 7.
There PW 1 found PW 7 in a room of Mohan Lodge but the accused was number there.
There again they stayed in a double room for 5 or 6 days and used to see pictures daily.
Thereafter they went to Ajanta Lodge and stayed there in a double room.
PWs 5 and 7 were at home.
The trial companyrt mainly relying on the evidence of PW 7 companyvicted the accused under Section 376 IPC for the offence of rape.
The Doctor, PW 20 did number numberice any external injuries number any injuries on her private parts.
They purchased some articles there.
His shop was opposite to cloth shop of the accused who was the son of companysin brother of PW 1.
On December 30, 1976 PW 1 was away and PW 2 was sitting in the grocery shop.
which belonged to him and they did number belong to PW 7.
The police took some articles from her possession and sent her for medical examination.
He came to Devar Hippargi Village about 7 or 8 years ago for the purpose of his grocery business.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. This is an appeal by the State.
The Doctor found that the hymen was ruptured which only showed that PW 7 had intercourse and the Doctor also opined that PW 7 was accustomed to intercourse since long.
At about 11 a.m. the younger sister of the accused went to the house of PW 1 and asked PW 7 to go to the bus stand with a view to go to Bangalore along with the accused.
According to PW 7, on that night the accused did something to her which he ought number to have done by force.
From Hubli they came to Bangalore.
He preferred an appeal to the High Court.
However, both of them companytinued to stay at Hubli for 2 or 3 days and the accused had sexual intercourse with her.
The High Court set aside the companyvictions and sentences awarded against him and accordingly allowed the appeal.
The prosecutrix Madhubala, PW 7, who according to the prosecution was aged about 15 years at the time of occurrence, was residing with her parents PWs 1 and 5 at Devar Hippargi Village.
From there they went to Gulbarga and there they stayed for two days.
In the evening PW 1 returned and companying to know that the accused had kidnaped her, gave a companyplaint.
He produced one birth extract and one transfer certificate pertaining to PW 7.
of PW 7, and saying that he would go to Bijapur and companye back.
According to the prosecution PW 7 told him that the accused had gone to Bijapur taking her ornaments.
The respondent, who at the time of occurrence was aged 20 years, was companyvicted by the trial companyrt under Sections 366 and 376 IPC and sentenced to five years RI under each companynt.
PW 7 and the sister of the accused went to the bus stand.
