(1.) Heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
(2.) The father and mother of the victim girl and father and mother of the petitioner/accused are present before this Court. They have submitted that the victim girl and the accused are in love with each other and due to that, they have developed some intimacy with each other which resulted in conception of the victim girl and presently, she gave birth to a male child. Now both the parents are ready and willing to perform the marriage of the petitioner/accused and the victim girl.
(3.) Apart from the above said factual aspect, it is seen from the records, particularly the statement of the victim girl on which basis the police have registered a case in Crime No.146/2019 for the offences punishable under Sections 376, 417 and 420 of IPC and also under Section 4 of the Protection of Children from Sexual Offences Act, 2012. In the statement of the victim girl, she has stated that she is presently aged about 19 years and was residing along with her parents at Menasakki Village, Belagodu Hobli, Sakaleshpura Taluk. According to her own statement from the year 2017, the accused and the victim girl fell in love with each other and petitioner/accused was intended to marry her. In that context, they have developed intimacy during the year 2018, which resulted in conception of the said girl (victim). Presently, as noted above, she delivered a male child. Though the learned High Court Government Pleader submitted that she was aged about 17 years as on the date of alleged incident, but the statement of the victim and other materials available on record indicates that it is a doubtful circumstance whether she has actually crossed the age of 18 years or she was below the age of 18 years as on the date of alleged incident. That has to be threshed out during the course of trial.