K.M. VENKATESHAIAH Vs. STATE

JUDGEMENT

(1.) The petitioner is charge sheeted by the respondent- police for the offence punishable under Sections 8, 18,4 of Protection of Children from Sexual Offences Act, 2012 and under Sections 506, 376 of IPC.

(2.) As noticed from the prosecution papers, charge sheet was submitted to the Court on 17.03.2017. So far, charge is not framed. Under Sec. 35(1 )of Protection of Children from Sexual Offences Act, 2012 (the Act, for short), the Court is obliged to record the statement of the victim child within one month of taking cognizance. It is unfortunate that the trial Court has lost sight of its obligation under Sec. 35(1) of the Act.

(3.) It is also submission of the learned counsel for the petitioner that after filing of the charge sheet, the petitioner has not moved the application before the Sessions Court and the petition may be dismissed as withdrawn with liberty to move fresh bail petition before the trial Court.