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2021 Supreme(Kar) 398

H.P.SANDESH
ANIL S/O VENKAPPA KUSHALKAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
For the Appellant : SRI S.S.MAMADAPUR
For the Respondent: SRI GURURAJ V. HASI LKAR

ORDER :

Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the first respondent-State.

2. This petition is filed under Section 482 of Cr.P.C., seeking to quash the criminal proceedings in Special Case POCSO No.43/2019 pending on the file of II-Additional Sessions Judge/Special Judge, Vijayapur, for the offences punishable under Sections 366 and 376 of IPC and Sections 12, 5(L), 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’ Act).

3. Factual matrix of the case is that petitioner No.1/accused committed rape on the minor girl-petitioner No.2 herein in the guise of loving her. As a result, she became pregnant and thereafter, he kidnapped the victim and took her to Kolhapur. Hence, the complainant lodged complaint against accused/petitioner No.1. The police after conducting investigation has filed charge sheet for the above offences.

4. The learned counsel appearing for the petitioners submits that petitioner No.1/accused and petitioner No.2/victim have married and they have child. He has also produced document viz., birth certificate of child born out of their cohabitation. Peti

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