MANJUNATH G.R. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is accused No.1 in Crime No.326/2017 on the file of the I Addl. District and Sessions Judge, Mandya. The petitioner and 3 others are charge-sheeted in the said case for the offences punishable under Sections 366-A, 376, 504, 506 r/w. 34 of IPC and under Section 4 of POCSO Act, 2012.

(2.) It is alleged that on 09.09.2017 at 10.00 a.m., when the victim girl aged 17 years was proceeding to her grandmother's house situated in Volagere-Menasa village, the petitioner in the guise of dropping her to her grandmother's house, kidnapped her to Vasanthpura Forest area in K.R.Pete Taluk and committed rape on her. It is further alleged that when the victim's parents approached the family members of the petitioner to question about the incident, they intimidated, abused and humiliated the parents of the victim.

(3.) Learned counsel for the petitioner submits that charge-sheet records disclose that the victim moved with the petitioner to various places without any protest and there is delay in filing the complaint. He further submits that the victim met many witnesses after the incident and never divulged anything about the incident and such conduct of the victim girl shows that it is a consensual act.