PRASAD A. A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in Spl.C.C.No.5025/2019 registered for the offences punishable under Ss. 363 , 376 , 114 and 34 of IPC and Ss. 4, 5L, 6 and 17 of the Protection of Children From Sexual Offences Act, 2012, (hereinafter referred as "POCSO Act" for short).

(2.) Shorn off unnecessary details, facts in brief are as follows: The petitioner is accused No.5. It is the case of the prosecution that a complaint is registered by the 2nd respondent, with whom 17 year old victim was residing, that on 25/10/2019 the victim had gone missing. Based upon the said complaint, on the score that the victim was below 18 years, a crime comes to be registered initially for offences punishable under Sec. 363 of the IPC. The narration in the complaint was that the victim had gone missing from 25/10/2019. The Police on registration of the crime traces the victim on 27-10- 2019. The statement of the victim was then recorded on 28-10- 2019 and the petitioner along with others comes to be arrested. The offences under Ss. 376 , 114 r/w 34 of the IPC along with Sec. 363 are added to Crime No.104 of 2019 along with Ss. 4, 6 and 17 of the POCSO Act. The Police after investigation file a charge sheet against all the accused including the petitioner/accused No.5 and the case is now pending as Special Case No.5025 of 2019. Pursuant to the said proceedings, the petitioner is knocking at the doors of this court in the subject petition.

(3.) Heard learned counsel appearing for the petitioner and learned HCGP appearing for respondent No.1-State. Respondent No.2 served and unrepresented.