MANJAPPA & ANR. versus STATE OF KARNATAKA

MANJAPPA & ANR. versus STATE OF KARNATAKA

The victim and other prosecution witnesses, supported by the medical report showing the victim was below 18 years, established that the accused took the minor to Bombay and sold her for prostitution; on this evidence the High Court rightly convicted A-3 and enhanced the sentences of the others to seven years...

Source-derived case information.

Parties
Appellant: Manjappa; Appellant: Vijay M.S. Balakrishna Madiwalar; Accused: Shanta; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
08 September 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal to the Supreme Court
Outcome
Appeals dismissed; High Court convictions and sentences upheld.
Legal Topics
Kidnapping of Minor, Procurement of Minor (s.366 a Ipc), Selling/buying Minor for Prostitution (ss.372, 373 Ipc), Sentencing
Criminal Law Penal Code, 1860 Kidnapping of Minor Procurement of Minor (s.366 a Ipc) Selling/buying Minor for Prostitution (ss.372, 373 Ipc) Sentencing

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Parties

Manjappa

Appellant

Vijay M.S. Balakrishna Madiwalar

Appellant

Shanta

Accused

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the accused are guilty of offences under ss.366A, 372, 373 read with s.34 IPC
  2. 2 Whether the acquittal of A-3 should be set aside
  3. 3 Whether the sentence of seven years imprisonment with a fine is appropriate and should be interfered with

Ratio Decidendi

The victim and other prosecution witnesses, supported by the medical report showing the victim was below 18 years, established that the accused took the minor to Bombay and sold her for prostitution; on this evidence the High Court rightly convicted A-3 and enhanced the sentences of the others to seven years imprisonment with a fine of Rs.50,000 each, and the Supreme Court found no ground to interfere with that conviction or sentence.

Court Disposition

Appeals dismissed; High Court convictions and sentences upheld.

Orders

  • Appeals dismissed.
  • Convictions under Sections 366A, 372, 373 read with Section 34 IPC affirmed.