LAWS(SC)-2018-4-174

SHIVSHANKAR @ SHIVA Vs. STATE OF KARNATAKA & ANR.

Decided On April 06, 2018
Shivshankar @ Shiva Appellant
V/S
State of Karnataka and Anr. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has preferred this appeal against the impugned order dated 22-09-2016 passed by the High Court of Karnataka in Criminal Petition No. 769/2016, refusing to quash the criminal proceedings in C.C. No. 6820/2015 arising out of Crime No. 254/2014, for the offence punishable under sections 376, 420, 323 and 506 of the Indian Penal Code (for short, the 'Indian Penal Code').

(3.) The gravamen of the charge against the appellant-accused is that he has raped respondent No. 2-complainant. We find from the complaint filed by the complainant that respondent No. 2-complainant has lived with the appellant for period of about eight years.