SRI SWAMY B. Vs. STATE

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in Special C.C.No.188 of 2022 arising out of crime No.70 of 2021 registered for offences punishable under Sec. 376(2)(i)(n) of the IPC and Ss. 5(j)(ii), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) Heard Sri V.Manjunath, learned counsel appearing for the petitioner and Sri K.S.Abhijith, learned High Court Government Pleader appearing for respondent No.1.

(3.) Facts that lead the petitioner to this Court, succinctly stated, are as follows:- Petitioner is the accused, a man of 45 years working as a Conductor with the KSRTC. A crime comes to be registered on 19/2/2021 by the 2nd respondent, father of the victim. The allegation against the petitioner is that the daughter of the complainant who was 12 years old had become pregnant. The reason for pregnancy is the act of the petitioner/accused who is a relative of the family of the complainant. It is the allegation that on the night of 5/1/2021 the petitioner had indulged in sexual act with the victim and on 17/2/2021 the victim had developed nausea which necessitated the complainant to take her to the doctor and then comes to know that his daughter is pregnant and the reason for pregnancy is the petitioner. The crime then comes to be registered on the complaint of the 2nd respondent in crime No.70 of 2021 for the afore-quoted offences. Since the victim was 12 years old, foetus had to be removed and sent for DNA analysis. The blood sample of the petitioner was also sent along for the analysis. The report of the DNA sample that was sent for analysis was yet to come about. The police, however, after investigation filed a charge sheet in the matter pending receipt of the report of the DNA sample.