The petitioner is before this Court calling in question

proceedings in Special C.C.No.188 of 2022 arising out of crime

No.70 of 2021 registered for offences punishable under Section

376(2)(i)(n) of the IPC and Sections 5(j)(ii), 5(l) and 6 of the

Protection of Children from Sexual Offences Act, 2012 (for short

8POCSO Act9).

2. Heard Sri V.Manjunath, learned counsel appearing for

the petitioner and Sri K.S.Abhijith, learned High Court

Government Pleader appearing for respondent No.1.

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3. Facts that lead the petitioner to this Court, succinctly

stated, are as follows:-

Petitioner is the accused, a man of 45 years working as a

Conductor with the KSRTC. A crime comes to be registered on

19-02-2021 by the 2^nd respondent, father of the victim. The

allegation against the petitioner is that the daughter of the

complainant who was 12 years old had become pregnant. The

reason for pregnancy is the act of the petitioner/accused who is

a relative of the family of the complainant. It is the allegation

that on the night of 05-01-2021 the petitioner had indulged in

sexual act with the victim and on 17-02-2021 the victim had

developed nausea which necessitated the complainant to take

her to the doctor and then comes to know that his daughter is

pregnant and the reason for pregnancy is the petitioner. The

crime then comes to be registered on the complaint of the 2^nd

respondent in crime No.70 of 2021 for the afore-quoted

offences. Since the victim was 12 years old, foetus had to be

removed and sent for DNA analysis. The blood sample of the

petitioner was also sent along for the analysis. The report of

the DNA sample that was sent for analysis was yet to come

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about. The police, however, after investigation filed a charge

sheet in the matter pending receipt of the report of the DNA

sample.

4. When the proceedings in terms of the charge sheet

filed in Special C.C.No.188 of 2022 was in progress, the report

of DNA comes about and the report of the DNA was in favour of

the petitioner, opining that the DNA sample of the foetus did

not match with the blood sample of the petitioner. The

petitioner on receipt of DNA report rushes to this Court with the

subject petition, contending that he was not responsible for the

daughter of the complainant becoming pregnant.

5. The learned counsel appearing for the petitioner

elaborating the DNA report would contend that no such act had

happened on the victim and if at all it had happened, the DNA

sample of the foetus should have matched with that of the

petitioner. Since DNA report is negative, no offence can be

made out against the petitioner and, therefore, the proceedings

are to be terminated.

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6. On the other hand, the learned High Court Government

Pleader placing reliance on the entire records of the case would

submit that Section 164 CrPC statement rendered by the victim

is clear as to what acts the petitioner had indulged in and,

therefore, it would become a matter for trial for the petitioner

to come out clean, notwithstanding the report of the DNA being

in favour of the petitioner.

7. I have given my anxious consideration to the

submissions made by the respective learned counsel and

perused the material on record.

8. The afore-narrated facts are not in dispute. The

incident is alleged to have happened at 12.30 a.m. on

05-01-2021. It is the said incident that becomes the fulcrum of

allegations against the petitioner. The incident narrated in the

complaint is that when all the members of the family were

asleep in the house of the victim where the petitioner was also

sleeping, the aunt of the victim walks out and goes to use the

washroom for a considerable time. Between the time the aunt

of the victim going to the wash room and coming back, the

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petitioner is alleged to have indulged in sexual assault on the

12 year old victim. This fact was known to none.

9. On 17-02-2021 the victim develops nausea and begins

to regurgitate and was later taken to t