RAJU B. N. Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused No.3 seeking to set-aside the order dtd. 28/11/2022 passed in Crl.A. No.728/2022 by the learned Addl. Sessions Judge and Fast Track Special Court-I (POCSO) Chikkaballapura (for short 'Special Court') wherein the bail petition filed by the appellant/accused No.3 sought in respect of Crime No.157/2022 of Bagepalli Police Station registered for the offences punishable under Sec. 376 (3), 506 of Indian Penal Code, 1860 and Ss. 4, 6, 8, 12 & 14 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sec. 67(B) of Information Technology Act, 2000 and Ss. 3(1)(w) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.

(2.) Heard the learned counsel for the appellant and the learned Addl. SPP for respondent No.1-State. The respondent No.2 inspite of service of notice has remained absent and unrepresented.

(3.) The case of the prosecution is that, respondent No.2 - Child Development Project Officer, Bagepalli Town, has filed a complaint stating that she has recorded the statement of the victim girl, wherein the victim has stated that, on 11/4/2022, she travelled from Hongasandra to Bagepalli and wrote Science SSLC exam and returned at about 2.30 p.m. to Bagepalli bus stand. At that time, accused No.1- Narayanaswamy made a phone call to her and she told him that she is in bus stand. At that time, accused No.1 - Narayanaswamy and accused No.2-Manjunath picked her on two wheeler, wherein the accused No.2-Manjunath drove the vehicle and accused No.1-Narayanaswamy sat in-between accused No.2-Manjunath and victim girl and went to Akkammagari Temple, on the top of the hill at Pathabageppali village and thereafter, accused No.2-Manjunath came down and after some time, he made a call to accused No.1 stating that his vehicle is broke down and he has to repair it. Thereafter, Narayanaswamy went again to the victim at about 3.30 p.m. When accused No.1-Narayanaswamy was having a sexual intercourse with the victim, at that time, friends of accused No.2 viz., Raju-accused No.3 and Suresh-accused No.4, came there. At that time, accused No.1 - Narayanaswamy got up and wore his clothes and accused No.3 took photos and videos of the victim when she is in the naked state and also asked her to come with them and they will also look after her and told her that they will also do what accused No.1 Narayanaswamy did to her. At that time, accused No.4 Suresh threatened her telling that if she did not cooperate, they will upload her naked photos and videos on WhatsApp and YouTube. At that time, accused No.2-Manjunath also came there and told her to cooperate to three of them and at that time, accused No.1-Narayaswamy scolded them and accused No.3 touched her thighs and at that time, Narayanaswamy went and called the village people, who came and scolded them and brought the victim to Pathabagepalli village and thereafter, the victim was brought to Women Police Station. The said complaint came to be registered in Crime No.157/2022 of Bagepalli Police Station for the offences punishable under Ss. 376(3), 506 of IPC and Ss. 4, 6, 8, 12 and 14 of POCSO Act. The Investigating Officer after completing the investigation, filed the charge sheet against accused Nos.1 to 4 for the offences punishable under Ss. 376(3), 506 of IPC and Ss. 4, 6, 8, 12 and 14 of POCSO Act and Sec. 67(B) of Information Technology Act, 2000 and Ss. 3(1)(w), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.