LINGARAJ P. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

(2.) The factual matrix of the case of the prosecution is that the victim girl who is aged about 14 years was subjected to sexual assault by the accused/petitioner persuading her that he would marry her and he took her in a motorcycle and thereafter took her to Bengaluru from Chitradurga in a bus and they spent time in Majestic at Bengaluru and on 9/11/2021 he took her to Narasapura Industrial Area and hired a house belonging to Smt.Lakshmanna W/o Narayanappa for rent and kept her in the said house and subjected her to sexual act against her wish and hence, the police after investigation have filed a charge-sheet for the offences punishable under Ss. 366(a), 376 IPC and Sec. 4 of the POCSO Act.

(3.) Learned counsel appearing for the petitioner contends that though an allegation subjecting the victim to sexual act is made but there are contradictions in the complaint as well as in the charge-sheet. In the charge- sheet the allegation is made that the accused/petitioner took her to Bengaluru in a bus and no allegation of subjecting her to sexual act at Bengaluru is made but in the complaint an allegation is made that she was subjected to sexual act in a lodge at Majestic in Bengaluru. The victim in her 164 statement gives different version that she was subjected to sexual act at Narasapura and also at Nalluru. Learned counsel would also submit that the parents of the victim or the victim have not consented for the medical examination of the victim to show that she was subjected to sexual assault and the same shows that a false allegation has been made against the petitioner/accused.