PRABHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is the sole accused in the proceedings instituted in the Special Case No.553/2018 for the offence under Sections 363, 114, 323, 376, 506 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the Act' for short) and is in custody is seeking to be enlarged on bail pursuant to his arrest in the aforesaid proceedings.

(2.) The case of the prosecution is that the father of the victim has lodged a complaint stating that the accused had taken his daughter forcibly in his autorickshaw. It is further stated that the victim was taken on 26.06.2018 after SSLC re-examination to various places and was brought back on 27.06.2018. It is submitted that in the intervening time, the petitioner is alleged to have committed offence enumerated above and further threatened the victim not to reveal regarding the incident. Pursuant to the complaint, FIR was lodged and investigation is complete and charge-sheet has been filed on 27.07.2018. It is noted that the petitioner has been in custody since 13.07.2018 till date.

(3.) Counsel for the petitioner points out that the complaint was lodged after considerable delay only on 12.07.2018 though the alleged offence is said to have been committed between 26.06.2018 and 27.06.2018. It is further submitted that charge-sheet has been filed on 27.07.2018 and despite the lapse of one year, trial has not commenced.