MANJUNATHA D.T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for petitioner. Perused the records.

(2.) THIS is a case where petitioner has sought for quashing of the entire FIR in Cr. No. 324/2013 on the file of the Malur Police, which is subsequently registered before Principal Sessions Judge, Kolar, for the offences punishable under Sections 366(A), 376, 506, 509 of IPC and Section 4 of Prevention of Children from Sexual Offences Act, 2012.

(3.) AT the initial stages the police have registered a case under Sections 506, 509, 354(B) of IPC. The learned counsel would contend that subsequently the police have recorded further statement of the victim girl on 28.10.2013, wherein she has further stated before police that on the date of the incident that was on 09.10.2013 at about 9.15 am when she was proceeding to her school the accused has intercepted her on the way and dragged her into the car and took her to Hogenakal and by that time he already made arrangements for a room and in fact, he took her to the said room and committed sexual intercourse against her will and consent. Thereafter, he threatened her with dire consequences of killing her if she disclose this fact to any body and also gave life threat to her family members. Therefore, there are two contradictory statements made by the victim. Medical report is also does not support the case of the prosecution. The learned counsel also brought to my notice that attendance register extract given by the Deputy Principal of Government PU College, Malur to show that this victim girl was present on the date of incident and on this count he submits that entire proceeding is required to be quashed.