BHARAT SHINDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Shreevatsa Hegde, learned counsel for the petitioner and Smt.Girija S.Hiremath, learned High Court Government Pleader for respondent No.1. Second respondent though served with the notice remained absent.

(2.) After registering such complaint, police investigated the matter and filed charge sheet against the petitioner for the offence punishable under Sec. 7 and 11 of the POCSO Act along with Sec. 376 of IPC. Learned Special Judge took cognizance of the matter.

(3.) It is now submitted by the Counsel for the petitioner that the victim girl has married the petitioner and they have a child and therefore no provisions of POCSO act can be attracted and the trial before the Court is an empty trial and the petitioner need not stand for an ordeal empty trial in a matter of this nature and sought for quashing of the pending proceedings.