RAMZAN KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the revision petitioner and the learned HCGP appearing for respondent No.1.

(2.) The present revision petition is filed challenging the order of rejection of application filed under Sec. 277 of Cr.P.C. by accused No.2 who is the father of victim girl who has been charged for the offence punishable under Sec. 201 of IPC. The case of the prosecution is that this petitioner being a father of a victim girl who is a minor, when she gave birth to a child on account of the act of accused No.1, he has taken the dead body of the child and buried and on the wit petition filed by the wife, an exhumation order was passed in the writ petition and body was exhumed for DNA test and report is also received stating that accused No.1 is the biological father of the child born to prosecutrix and he has arraigned as accused No.1. In view of burring of dead body of said baby, this petitioner has arraigned as accused No.2 by filing the additional charge-sheet invoking Sec. 201 of IPC. Hence, the application is filed before the Trial Court to discharge him.

(3.) In the discharge application it is contended that the police have added Sec. 201 of IPC against this petitioner and he is innocent. He is none other than the father of victim and also one of the witnesses. Complainant falsely alleged in the first charge-sheet that he has buried the dead body of the child. But he has not done the same. He was got valid and tenable defence on his behalf. He has gone into depression thinking about his daughter. If he is not discharged, his future as well as his daughter's future will be ruined. If he is not discharged, he cannot give evidence as a witness and he is the main witness in the above case. CW1 and CW2 are none other than wife and victim daughter of accused No.2. There is no prima facie is made out against him and filing of charge-sheet against him is completely misleading the Court. It is also contended that the wife of accused No.2 has filed the writ petition before this Court for reinvestigation and the same was allowed and directed the police for conducting the spot mahazar, collecting the dead body of baby bounce and other things related to same and to do postmortem and DNA and submit report by way of additional charge-sheet to this Court. Now, additional charge-sheet has been submitted. As per the same, accused No.2 is completely innocent and did not involve in the alleged offence under Sec. 201 of IPC as alleged in the first charge-sheet.