MOHAMMAD SHARIFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of crime in Crime No.12 of 2022 for offences punishable under Ss. 363 , 376 , 506 , 109 r/w 34 of the IPC and Ss. 4 , 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) pending in Special Case No.108 of 2022 before the Additional District and Sessions Judge, FTSC-II (POCSO), Mangalore.

(2.) Heard Sri Sandesh J.Chouta, learned senior counsel appearing for the petitioner/accused No.7, Sri V.S.Hegde, learned Special Public Prosecutor-II appearing for respondent No.1 and Sri S.Rajashekar, learned counsel appearing for respondent No.2/ complainant.

(3.) Sans details, facts in brief, as borne out from the pleadings, are as follows: A complaint comes to be registered by the 2nd respondent on 7/2/2022 alleging that the complainant is residing along with her aunt and uncle and on 3/2/2022 the complainant had met with sexual harassment from one Shameena and others and filed the complaint. The complaint initially did not disclose the names of persons who were involved in the alleged sexual harassment. It was alleged that the complainant came to know one Suzaina and through her she came to know Shameena who was residing in S.M.R. Apartment at Nandigudde, Mangalore. She has taken her to a flat on 12/11/2021 and on the said date an unknown person by name Mr. Fahim Haji @ Mohammed Sharif get himself introduced through the said Shameena and the said Shameena/accused No.1 forcibly sent her to a bedroom to indulge in sexual activity and the complaint narrates that if the complainant did not oblige for sexual activity, she would be finished. Later, the complainant again narrates that accused No.1 had threatened her that if she discloses the incident to anyone else, she would face dire consequences. It was further alleged that one Shariff also harassed the complainant sexually and the said customer was sent by one Sana and she can identify the person if she sees him in the future.