DEVAPPA HALAGERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused praying to call for the records and set aside the order dated 23.10.2014 passed by the District and Sessions Judge, Koppal and the Special Court for trying offences under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act', for brevity).

(2.) The petitioner is arrayed as an accused in a complaint registered as FIR (POCSO) No.373/2014 by the Koppal Rural Police. The accusation is that the petitioner as a result of intimacy with the victim impregnated her resulting in her pregnancy and delivery of a girl child. It is the further case of the prosecution that the victim is a minor aged about 16 years on the date of commission of offence.

(3.) The prosecution on registration of FIR has indicted the accused for the offences punishable under Sections 376 and 506 of I.P.C. and under Section 4 of the POCSO Act. The accused was arrested and remanded to judicial custody. Thereafter the Investigation Officer has moved an application and the learned Public Prosecutor seeking permission to conduct DNA examination of the victim, child delivered by the victim and also the accused in order to demonstrate the parentage and to prove that the child is born on account of the accused impregnating the victim.