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2017 Supreme(Kar) 485

RATHNAKALA
Vinay S/o Prakash – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. D. Mohan Kumar
For the Respondent: Sri. S. Vishwamurthy

ORDER :

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.

2. The petitioner is charge-sheeted in respect of Crime No.194/2015 by the respondent-police for the offences punishable under Sections 4, 8, 12 and 18 of the Protection of Children from Sexual Offences Act, 2012 (‘the Act for short) and Section 376 of IPC.

3. The gist of the allegation is that during the morning hours of 06.12.2015, the petitioner committed rape on the victim child, aged about 4 years.

4. When the case was taken up for consideration on 05.06.2017, it was noticed that the accused was procured before the Court on 19.03.2016 and the case was being posted for four hearings for ‘framing of charges and plea’ and thereafter for sometime, it was posted for evidence and again on 15.04.2017, it was posted for framing of charges and plea. Considering the omission on the part of the Court in not recording the evidence of the victim child within a period of thirty (30) days from the date of taking cognizance in compliance of the provisions of Section 35(1) of the Act, the petitioner was granted interim bail and the Registrar General was directed to make enquiry ab























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