MR. RAFEEQ AHAMMED KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is accused No.2 in Crime No. 412/2019. FIR came to be registered against the petitioner and another based on the information lodged by the mother of the victim girl. In the complaint, it was alleged that the victim was aged about 13 years. When the victim girl had visited the provision store, petitioner and one Mohammad Iqbal Shafi / accused No.1, took her on motor cycle on the pretext of giving her money to buy eatables and committed rape on her in the shed belonging to accused No. 1. Further it is alleged in the complaint that the accused threatened the victim that if she revealed this fact before anybody, they will take away her life as well as the life of her mother.

(2.) Sri. Arun Kumar D.N., learned Counsel appearing for the petitioner, contends that the victim in her statement given to the Magistrate under section 164 of Cr.P.C., has unequivocally stated that accused have not misbehaved with her and they are not persons of such character. She has further stated that her mother, who was not knowing anything, has given a false complaint. Learned Sessions Judge failed to consider this statement and has rejected the application filed by the petitioner solely on the ground that the offences alleged against the petitioner are severe and are punishable upto life imprisonment.

(3.) Learned HCGP appearing for respondent No.1 however opposed the petition contending that the petitioner is involved in a serious offence under the provisions of POCSO Act and therefore he is not entitled for grant of bail.