STATE OF KARNATAKA Vs. RAJU

JUDGEMENT

(1.) The State has preferred this revision petition against the order passed in S.C.No.709/2017 dtd. 4/6/2018 by the LIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-54) (hereinafter referred to as 'learned Sessions Judge'), whereby the learned Sessions Judge allowed the discharge application field by the respondent/accused under Sec. 227 of Cr.P.C. and thereby discharged the respondent/accused in Crime No.393/2016 and S.C.No.709/2017 for the offences punishable under Ss. 376 and 420 of IPC.

(2.) The factual matrix of the prosecution case is that: The victim girl is a beautician by profession and she runs a beauty parlour to eke out her living. It is alleged that one Raja Nagaraj i.e. the accused was having a photo studio opposite to her beauty parlour, thereby she became acquainted with the accused and they developed friendship. It is further alleged that the accused proposed her that he was in love with her and believing his words, they exchanged phone numbers and they were in touch with each other. It is alleged that on 2/6/2016, he called her to his home and in spite of her resistance, committed sexual act and when the victim questioned him regarding his unruly behaviour, he consoled her that he would marry her and again on 27/2/2016 and 27/7/2016 committed rape on her against her will and wish on the false pretext that he would marry her. It is further alleged that thereafter the accused kept distance and started to avoid her and when the victim requested the accused to marry her, he refused and threatened her with life and said that they do not have any relationship with each other and hence, cheated her. On the said allegation, a case came to be registered on 8/8/2016 before the Jurisdictional Police in Crime No.393/2016 for the offences punishable under Ss. 376 , 417 and 420 of IPC.

(3.) On committal of the case before the learned Sessions Judge, the learned Sessions Judge secured the presence of the respondent/accused and took cognizance of the offences under Sec. 376 and 420 of IPC. Following this, the learned counsel for the respondent/accused filed an application under Sec. 227 of Cr.P.C to discharge the respondent/accused from the charges leveled against him.