WILLIAM ANOOP NICODEMUS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused challenging the order passed by the LIV Additional City Civil and Sessions Judge, Bangalore City (CCH-55) sitting at Child Friendly Court dated 09.07.2019.

(2.) I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent - State.

(3.) The gist of the case as per the charge sheet is that the complainant is a minor boy. He was studying in JEE. During the year 2014, in order to study, he came to Bangalore and accused promised his mother and himself to help him. As the mother of the complainant used to go for work, during night hours accused used to consume alcohol and used to ill-treat physically and used to abuse in filthy language. Once he has taken to Goa and there also, he sexually assaulted him. It is further stated that the accused used to touch his private parts and used to assault and also insisted to play with him otherwise, he is going to ill-treat him. Whenever he used to refuse, he used to threaten and assault the complainant/victim. It is the further case of the complainant that the alleged incident has taken place in between 2014 to 2016 however, he was mentally depressed and subsequently in 2017 he took treatment. As such, he belatedly filed the complaint. On the basis of the complaint, the investigation has been completed and charge sheet has been filed at that time, an application came to be filed by the accused for discharge under Section 227 of Cr.P.C.