CHANDRASHEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant, who is sought to be prosecuted for the offences punishable under Ss. 363, 366(A), 376(2)(N) , 343, 506 of IPC, Ss. 4 and 6 of the Protection of Children from Sexual Offences Act and Sec. 3(1)(w) 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST (PA) Act' for short) has filed this appeal under Sec. 14-A of the SC/ST (PA) Act to enlarge him on bail.

(2.) Heard the learned counsel for the appellant - accused and the learned High Court Government Pleader for respondent No.1 - State.

(3.) The case of the prosecution is that, on 27/7/2022, when the victim went out of the house and did not return, a missing complaint was filed. The police during investigation, traced the victim and upon enquiry, she stated that the accused asked her to come near High School in Bhopal Tegganur village and when she went there, he stated that he intended to marry her and asked her to come with him and when she refused to go with him, the accused took her on his motorcycle to Tengaligi village and kept her in a room and by giving a life threat, committed forcible penetrative sexual assault on her. The victim in the statement recorded under Sec. 164 of Cr.P.C has not stated that the accused has committed penetrative sexual assault, however, in the examination-in- chief has stated that the accused has committed penetrative sexual assault.