The appeal preferred by the appellant to the High Court has been dismissed vide judgment and order dated 20.07.2010.
on 25.10.1996 was going to Kamala Nursing Home, when the appellant along with his followers came from behind and put some liquid on her nose, made her unconscious and kidnapped her.
She told her uncle that she has been forcibly taken away by the appellant and that the appellant wants to marry her but she has refused as her marriage is already settled.
The appellant had visited her house in connection with the proposal of marriage but her uncle had not accepted the proposal as he was not in a government job.
She had remained with the appellant accused for about 20/23 days and in this period, they had remained at Bellary for three days, for 4/5 days at Sholapur, where their marriage was performed in a temple in the presence of the sister and mother of the appellant.
Her statement compels the court to draw a legitimate inference that as she had known appellant, she herself may have managed to elope with him and it is for this reason that the appellant never misbehaved with her or took advantage of her company, rather helped her in getting her connected with her family members. They waited for her phone call and only on her narration of the incident that her uncle lodged the FIR. The family of the appellant had expressed interest to take PW2 in marriage and every one had expressed their willingness for the said marriage but the proposal was dropped as the appellant was not having a government job. Accordingly, the judgment and order of the trial court dated 26.02.2005 and that of the High Court dated 20.07.2010 are set aside and the appellant is acquitted.
…………………………………………………………….
J.
Case Title: K.H.BALAKRISHNA Vs. THE STATE OF KARNATAKA (2023 INSC 267)
Case Number: Crl.A. No.-001006-001006 / 2011
