LAWS(KAR)-2022-9-1332

AARUSH JAIN Vs. STATE OF KARNATAKA

Decided On September 09, 2022
Aarush Jain Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Parties to the lis have knocked the doors of this Court in the subject petition seeking annulment of proceedings against the petitioner, a boy of 16 years at the time of the incident who has embroiled himself into the web of the provisions of the offences punishable under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short). The annulment is sought on account of a settlement arrived at between them.

(2.) Shorn of details, facts necessary are as follows:

(3.) The present case concerns FIR in Crime No.259 of 2021. The complainant's daughter is the one alleged to have been kidnapped in Crime No.259 of 2021. The Police Officers investigating along with a family member of a minor boy and father of the minor girl found the couple at Chickmagalur and got them back to Bangalore. After bringing the couple back, the Police produced the minor boy before the learned Magistrate and sought remand of the boy to their custody for a period of 7 days. A preliminary report was submitted by adding offences under Sec. 376 of the IPC and Ss. 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short) along with Sec. 363 of the IPC. The Court, on perusing the preliminary report, remanded the boy to 3 days in custody. The charge sheet is yet to be filed in the matter.