FARDDIN Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Sec. 439 of Cr.P.C for enlarging him on bail in Crime No.42/2022 of Women Police Station, Chikmagalur, registered for the offences punishable under Ss. 363 , 342 , 354D , 376(2)(n) , 376(3) of I.P.C and Ss. 6,12, 17 of the POCSO Act,2012.

(2.) Heard the learned counsel for petitioner and learned HCGP for State and perused the records.

(3.) The brief factual matrix leading to the case is that on 6/4/2022 the petitioner having knowledge that the victim is a minor he has induced her and has taken her on a Pulsor Motor Cycle bearing registration No.KA-18-EJ- 8117 to Indian Residency, Krishnarajasagara Village, Srirangapatna Taluk and with the help of accused No.2, he has obtained Room No.106 by giving his Aadhar Card. There he stayed along with the victim for one day and committed penetrated sexual assault on her twice on that night. Subsequently, he brought back the victim and dropped her at Belur bus stand and then the victim approached her mother and narrated the incident. In the meanwhile, the complainant has lodged a complaint of missing and a crime was initially registered under Sec. 363 of IPC. Subsequently, the Investigating Officer has recorded 161 Statement of the victim wherein, she is alleged to have narrated that she had voluntarily accompanied the petitioner and she had sexual relationship with petitioner. On the basis of these aspects the Investigating Officer has incorporated the provisions of 376(2)(n), 354D and Ss. 6 and 12 of the POCSO Act. Later the victim was also produced before the Magistrate wherein, she has given statement under Sec. 164 of Cr.P.C asserting that the petitioner has forcibly and by enticing took her to Mysore and there he has committed Penetrated sexual assault.