SANTHOSH @ SANTHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned HCGP for the Respondent-State. Learned HCGP submits that, Respondent No.2-complainant has already been served with the notice of this case. But, the complainant (R2) remained absent before the Court. Perused the records.

(2.) Petitioners are arraigned as Accused No.3 in Crime No.23/2019 of Chandrashekarpura Police Station, Tumakuru District, for the offence punishable under Section 376 r/w 34 OF IPC, Section 4 and 6 of POCSO Act and Section 3(1)(w) (i)(ii), 3(2)(va) of SC/ST (POA) Act, now pending on the file of III Addl. District and Sessions and Special Judge, Tumakuru.

(3.) The brief facts of the case are that, the alleged victim girls, aged 14 to 15 years are residents of Kallugu Village, Tumkur District and they alleged to have left the house on 01.02.2019 and on they having been searched by the BASCO Child Line on 15.02.2019, they were sent to Government Girls Children Home (Sarakari Balakiyara Bala Mandira), Tumakuru through the District Children Welfare Committee-II and admitted there on 12.03.2019. When such being the case, one Smt. Pushpalatha K.S., Superintendent of Government Girls Children Home (Sarakari Balakiyara Bala Mandira), met the victim girls, before whom, the victim girls disclosed that, one lady by name Lakshmi told the victim girls to meet a person by name Abhi at Nagamangala and accordingly they met one Abhi in Nagamangala and from there, along with said Abhi they went to Mysuru and there the said Abhi and his friends committed sexual act on the said girls. On the basis of such information, the said Superintendent lodged a complaint before the Chandrashekarapura Police and the same was registered in Crime No. 23/2019 against the said Abhi and Lakshmi for the offence punishable under Sections 370-A and 376 r/w. 34 of IPC and Sections 4 and 6 of POCSO Act and also under Section 3(1)(w)(i)(ii),3(2)(v-a) of SC and ST Act.