GANESH SHETTY Vs. STATE BY KUNDAPURA POLICE

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under Sec. 397 of Crimial P.C. challenging the order passed by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) Kundapura in S.C. No.3/2016 dated 08.12.2017.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. Though this case is posted for admission with the consent of learned counsel for both the parties, it is taken up for final disposal.

(3.) Gist of the complaint is that victim/complainant used to reside along with her brother and mother's sister. Two years back, she was studying in Varasiddivinayaka Pre-University College in 2nd year PUC, whenever she used to go to the said college and when she was standing at bus-stop, at that time the petitioner/accused was acquainted, developed intimacy and started loving her. In that context, once he took her to a vacant house by saying that nothing is going to happen, sexually assaulted her and thereafter, three to four times she has been sexually assaulted. Subsequently, he was having physical contact with her. It is further stated that he promised her to marry and took an amount of Rs.50,000.00. When he was in physical contact, she become pregnant. When the same was intimated to the accused, he told that her character is not good and he is not going to marry her. Thereafter, he cheated and had a physical contact with her. In this behalf a complaint has been given on 14.10.2014 and a case has been registered in Crime No.337/2014 for the offences punishable under Sections 376 and 417 of IPC.