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2023 Supreme(Kar) 98

M. NAGAPRASANNA
Prasad A. A. S/o Appaji – Appellant
Versus
State Of Karnataka, By Virajapet Rural Police Station, Kodagu District – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. B. Lethif, Advocate
For the Respondent: Smt. K. P. Yashodha, HCGP

ORDER :

The petitioner is before this Court calling in question proceedings in Spl.C.C.No.5025/2019 registered for the offences punishable under Sections 363, 376, 114 and 34 of IPC and Sections 4, 5L, 6 and 17 of the Protection of Children From Sexual Offences Act, 2012, (hereinafter referred as "POCSO Act" for short).

2. Shorn off unnecessary details, facts in brief are as follows:

The petitioner is accused No.5. It is the case of the prosecution that a complaint is registered by the 2nd respondent, with whom 17 year old victim was residing, that on 25-10-2019 the victim had gone missing. Based upon the said complaint, on the score that the victim was below 18 years, a crime comes to be registered initially for offences punishable under Section 363 of the IPC. The narration in the complaint was that the victim had gone missing from 25.10.2019. The Police on registration of the crime traces the victim on 27-10-2019. The statement of the victim was then recorded on 28-10-2019 and the petitioner along with others comes to be arrested. The offences under Sections 376, 114 r/w 34 of the IPC along with Section 363 are added to Crime No.104 of 2019 along with Sections 4, 6 and 17 of the PO


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