UMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioner's counsel and also the learned HCGP for respondent.

(2.) The contents of the complaint is that on 26/9/2017, at about 7.00p.m., accused went to the house of the complainant and took the husband of the complainant in his motorcycle and at that time, the complainant was sleeping in the house by bolting the door and at around 11.00p.m. she heard the door knocking sound and believing that her husband came to the house, she opened the door and at that time, this petitioner alone came to house and told that her husband is in Tonasihal village and he will come in the morning and entered the house and bolted from inside and committed a rape on her by putting the cloth in her mouth and committed a sexual act and in the meanwhile, her husband came to house and found the presence of this petitioner and she reported the same to her husband. Panchayat was held on the next day and complaint was given on 29/9/2017 and the complainant is subjected to medical examination.

(3.) The contention of the petitioner before this Court is that there was a delay of 4 days in lodging the complaint and the complaint does not reveal regarding the delay in registering the complaint. Charge sheet is filed and the petitioner is in custody since 30/9/2017 and custodial trial is not required.