SHARATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is the sole accused in the proceedings instituted in Special Case No.505/2018 with respect to the offences under Sections 376, 313, 420, 506 of IPC r/w 34 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the Act' for short), is seeking to be enlarged on bail, pursuant to his arrest in the aforesaid proceedings.

(2.) The case that is made out by the prosecution is that complaint has been filed by the mother of the victim and had stated that the victim was studying in Ninth Standard and used to commute to school from home in the vehicle of the accused, who had an Autorickshaw. It is further submitted in the complaint itself that accused is stated to have promised to marry the victim and had taken the victim to his house and is alleged to have committed the offence of rape. It is further alleged that victim was forced to undergo termination of pregnancy at the instance of the accused and accordingly, complaint had been filed.

(3.) Learned counsel for the petitioner submits that petitioner and the victim were known to each other and the said fact comes out in the statement recorded under Section 164 of Cr.P.C. wherein, the victim admitted that she was in love with the petitioner. Counsel for the petitioner submits that investigation is complete and charge-sheet has been filed on 01.07.2018. He submits that the petitioner is in custody from 21.05.2018. Counsel for the petitioner further submits that despite lapse of more than a year after filing of the charge-sheet, the trial neither has been commenced nor has been completed within a period of one year as provided under Section 35(2) of the POCSO Act, 2012.