Sections 376, 364, 366A, and 201 of the Code are directed to run
consecutively.
2.
The case of the prosecution is that the appellant subjected the
deceased R to rape, killed her by strangulation, and then disposed
of her body, tied in a gunny bag, into the stream named
Bennihalla. As there are no eye witnesses to the commission of
the offences, in order to prove these postulations, the prosecution
has relied on three-fold circumstances: (i) that the appellant took
away R from a neighbour’s house on 28th December 2010; (ii) that
the appellant was last seen by certain witnesses carrying R and a
gunny bag towards the Bennihalla stream; and (iii) that based on
the disclosure statement of the appellant on 1st January 2011, the
dead body of R was recovered in a gunny bag from Bennihalla.
3.
R, a girl aged 5 years and 2 months, was living with her maternal
grandfather Rangappa in village Khanapur, Taluka Nargund,
District Gadag, Karnataka while her parents worked in Mangalore,
Karanataka. Rangappa’s neighbours Venkavva Patil (PW-5) and
her nephew Ajit Patil (PW-6) have testified that on 28th December
2010 at about 6:30 pm, R had come to their house to watch TV. At
about 6:30 pm the appellant had also come to their house. He
was talking to R and took her with him on the pretext of buying her
biscuits. Hanamappa (PW-4), who is the brother of Rangappa,
Criminal Appeal Nos. 1473-1474 of 2017
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