KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused is before this Court calling in question proceedings in Special Case No. 28 of 2024 pending before the Additional District and Sessions Judge, FTSC-1, Tumakuru, arising out of Crime No. 154 of 2023 registered for offences punishable under Ss. 376(I) of the IPC and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ('the Act' for short).

(2.) Heard Sri H.E. Purushothama, learned counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for respondent No. 1.

(3.) Facts, in brief, germane are as follows: The 2nd respondent is the complainant, mother of the victim child. It is the allegation of the complainant that on 10/12/2023 while she was doing her household work at 3.15 p.m., her daughter was playing alone in front of the house. After about 30 minutes, she noticed that her daughter was missing as she was not found in the same place playing. She goes in search of her daughter and notices that her daughter was coming out of the house of the petitioner holding her shirt and pant in her hand. When she enquired with her daughter, she was informed that the petitioner on the pretext of giving her sugarcane has taken her to the bathroom of his house, removed her clothes and caused pain. She points out at her private parts where the petitioner has indulged in sexual assault on the child.