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2022 Supreme(Kar) 823

M. NAGAPRASANNA
State of Karnataka – Appellant
Versus
Somanna – Respondent


Advocates appeared:
Shankar H.S., Hcgp, for the Appellant.

ORDER

1. The State is before this Court in the subject petition calling in question order dated 16-09-2019 passed by the Principal District and Sessions Judge, Chamarajnagar in Special Case No. 184 of 2019, whereby the learned Sessions Judge declined to permit the State to cross-examine the victim on her turning hostile in a case arising out of the provisions of the Protection of Children from Sexual Offences Act, 2012 ('POSCO Act' for short) and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006.

2. Sans details, facts in brief, are as follows:-

    A complaint is registered 29-04-2019 in Crime No. 115 of 2019 for offences punishable under Section 376(n) read with Section 34 of the IPC, Sections 4, 6, 8, 12 and 17 of the POSCO Act and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act. The complaint was registered for an offence that was committed on 02-12-2018. The allegation was that accused Nos.2 to 10 having knowledge that the victim girl was minor got her marriage with accused No.1 on 02-12-2018 and accused No.1 knowing full well that the victim was a minor girl had committed sexual assault on her many a times. In the trial, recording of evidence of pro

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