LAWS(KAR)-2022-11-70

PRADEEP Vs. STATE

Decided On November 15, 2022
PRADEEP Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Akkur Police Station Crime No.127/2022 (Spl. Case (POCSO) No.122/2022) initially registered for the offence under Sec. 363 IPC which was culminated in submission of charge-sheet for the offences punishable under Sec. 363, 376 of IPC, Ss. 4 and 6 of POCSO Act and Ss. 9, 10 and 11 of the Child Marriage Restraint Act.

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

(3.) The allegation of the prosecution discloses that victim is aged about 17 years and she is the daughter of the complainant studying in SSLC in Horokoppa village. As vacation was prevailing, she was attending coolie work wherein she came in contact with the petitioner and they fell in love. It is alleged that on 25/5/2022 at about 8.30 p.m., the complainant had been to the neighbour's house and after five minutes when she returned, she found that her daughter was missing and she searched everywhere and she made allegations that as the petitioner regularly talked to her daughter, he might have kidnapped her and hence she lodged a complaint against him. Subsequently on 28/5/2022 the victim was traced in the company of the present petitioner and she stated that she was lured by the present petitioner of marriage and they eloped in the vehicle and she had sexual intercourse with the petitioner. In this regard, the I.O. subsequently submitted chargesheet for the offences as alleged. Petitioner was arrested and rendered to judicial custody.