VASANTKUMAR H H ALIAS VASANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Addl. State Public Prosecutor for the respondent State. Perused the records.

(2.) AS could be seen from the entire charge sheet papers, the allegations made against the petitioner is that the complainant by name H. Nagappa S/o Ningappa, father of the victim girl stated that on 15/8/2013, he took his daughter (victim girl) to Kottur Hospital. He came to know that she was conceived. Immediately on inquiry she disclosed that about six months prior to 15/8/2013, the accused had been following her and one day when she had been to collect firewood, he forcibly took her near a canal and committed rape on her and thereafter, he threatened with dire consequences of killing her, if she disclose the said matter to anybody. It is also there in the complaint that the accused for about six months had sexual relationship with the victim girl, due to which she became pregnant. After coming to know about this, the complainant and some of the elders of the family have convened the panchayath and demanded the petitioner to marry the victim girl. On refusal, it appears, complaint came to be lodged before the police and thereafter the police started investigation.

(3.) SRI .B.C.Pattar, learned Counsel for the petitioner drew my attention to the statement of the victim girl, wherein she has stated that since one year, prior to the lodging of the complaint, the accused has been teasing her, following her and in fact have had sexual relationship with her and he assured the said girl that he would marry her and he will not leave her at any point of time. Perhaps, on that assurance, she continued the relationship with the accused. The further statement of the victim girl also says that on 15/10/2013, she gave birth to a female child and at present, she is residing in her uncle s house. The statement of Smt. Gangamma, who is the villager of the complainant, stated that about 8 months prior to the lodging of the complaint at about 5.00 pm, she saw the accused and the victim girl, standing near a bathroom, were laughing looking at each other, closely standing together. When this lady questioned them, why they are standing there, what they are doing, they went away form the said spot. All these materials shows that the accused and the victim girl might have developed intimacy with each other, whether it was due to infatuation or due to persuasion by the accused, or with free consent, at this stage, it cannot be definitely stated. The complaint has been filed after long lapse of time, after coming to know about the relationship between the accused and the victim girl, by the father of the victim girl. If she had not become pregnant, perhaps this incident would not have come to the knowledge of the father of the victim girl. Therefore, at this stage it creates a doubt, whether the victim girl was a consenting party or due to any persuasion by the accused or she had forcible sexual intercourse at any point of time. All these things, in my opinion has to be thrashed out during the course of full fledged trial.