HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is arraigned as accused No.1 has filed this petition under Sec. 482 Cr.P.C., is seeking quashing of criminal proceedings initiated against him in Spl.C.(SC/ST)25/2023 on the file of II Addl. District and Sessions Judge, Chitradurga, for the offences punishable under Ss. 376(2)(n), 420, 504, 506 of IPC and Ss. 3(1)(r)(s), (w)(i)(ii), 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('SC/ST (POA) Act' for short).

(2.) In support of the petition, the petitioner has contended that he is innocent of the offences and a canard has been stitched against him. As per the prosecution case, prosecutrix was having physical relationship with the petitioner since two years. However, she has not chosen to file complaint at the earliest available opportunity which itself indicates that it is an afterthought. It is a case of consensual sexual relationship between the prosecutrix and petitioner and as such provision of sub-sec. 376 of IPC are not attracted. The averments that they had prolonged sexual relationship and also the allegations that petitioner used to have sexual intercourse with prosecutrix against her consent and contradiction to one another. When the prosecutrix was aware of the engagement of petitioner, she cannot contend that there was promise by petitioner to marry her. Petitioner had earlier filed Crl.P.No.5315/2023 at the stage of FIR. After filing with the charge sheet, he has filed this petition and prayed to quash the criminal proceedings against him.

(3.) In support of his arguments, learned counsel for petitioner has relied upon the following decisions: