The

petitioner

who

was the

investigating

officer

in

Crime

No.73/2022,

registered

by

Managaluru Women Police Station for the offences

punishable under Sections 376(2)(f) and 506 of

IPC and Sections 5(l)(n) and 6 of the POCSO Act,

2012,

is

before

this

court

challenging

the

disparaging remarks made against him in Special

Case No.191/2022 by the Additional District and

Sessions

Judge,

FTSC-II

(POCSO),

Dakshina

Kannada, Mangaluru.

The facts giving rise to this case are as

follows:

The survivor set the law into motion vide

complaint dated 15.07.2022 alleging that she

being a minor became pregnant as a result of the

forcible

sexual

intercourse

committed

by

one

Prasad

from

Shirthadi

village

on

14.02.2021.

Thereafter,

in

the

statement

recorded

under

- 4 -

Section 164 of Cr.P.C., the survivor has stated that

she became pregnant as a result of forcible sexual

intercourse committed by one Sandesh i.e., her

employer. Since there was contradiction in the

statement made by the survivor, further statement

of the survivor was recorded and in the said

statement, she is alleged to have stated that she

became

pregnant

as

a

result

of

repeated

penetrative sexual assault committed by her step

father i.e., respondent No.4. Based on the

evidence

collected

during

the

course

of

investigation, the petitioner laid the charge sheet

before the trial court against respondent No.4.

The trial court after appreciating the

evidence on record acquitted respondent No.4

holding that the survivor has omitted what has

been made in her statement under Section 164 of

Cr.P.C., and deviated from the statement made

before Dr. Lekha-PW4 and also on the ground that

- 5 -

the DNA report of the aborted child did not match

with respondent No.4. Learned Sessions Judge

after having acquitted respondent No.4, passed the

following

disparaging

remarks

against

the

investigating officer.

The

investigating

officer

has

not

assigned

any

reasons

for

dropping

Sandesh from the charge sheet;

He manipulated the further statement of

the survivor dated 12.10.2022;

The IO and his team truly committed

impropriety to such a honour for their

selfishness and indicates that, they are

the stigma to the society;

They shall be held responsible for the

false implication of the innocent persons

in the process of protecting the real and

the possible culprits;

The

innocent

persons

were

falsely

implicated and were behind the bars for

more than 8 months and 2 months

respectively;

- 6 -

Further

the

learned

Sessions

Judge

directed the petitioner to pay compensation of

Rs.4,00,000/- (Four Lakhs only) out of his own

pocket to the accused and Rs.1,00,000/- (One

Lakh only) to one Prasad and also directed the

competent

authority

to

conduct

departmental

enquiry against the petitioner. Taking exception of

the disparaging remarks made against him, the

petitioner has filed this petition.

Learned

counsel

for

the

petitioner

submits

that

before

passing

the

disparaging

remarks, the petitioner was not provided with an

opportunity to explain or defend himself. He

further submits that the survivor in her evidence

tendered before the trial court has categorically

stated

that

her

pregnancy

was

a

result

of

penetrative sexual assault committed by her step

father i.e., respondent No.4. Therefore the final

report was submitted solely on the basis of the

- 7 -

statement of the survivor and in the absence of

any material that the statement of the survivor

was manipulated by the petitioner, the impugned

remarks made against the petitioner requires to be

expunged.

6.

In support of his submission, he places

reliance on the decision of Hon’ble Supreme Court

in the case of STATE (NCT OF DELHI) V. PANKAJ

CHAUDHARY AND OTHERS¹,

7.

Learned High Court Government Pleader

for the State would submit that the charge sheet

materials

clearly

discloses

that

the

petitioner

manipulated the statement of the survivor so as to

help the real culprits go Scot free and the

investigation conducted by the petitio