Bengaluru: Citing the Dictum of the Supreme Court when exercising under Section 482 from the criminal procedure code, the High Court has refused to mingle with a young man accused of raping a little girl.
He later married the victim.
Quoting the case of Gian Singh, Judge HP Sandesh noted that the power of HC in canceling the criminal or complaint process or complaint in carrying out its jurisdiction under the part 482 CRPC is different and different from the power given to violations of compounding below the part 320 CRPC, which can be done only when the people Parties have resolved their disputes.
“Before exercising under Section 482 CRPC, the High Court must pay attention to the nature and gravity of crime and social impacts.
In this case, the defendant has committed a violation of rape against a little girl, which attracts the provisions of IPC and ACT Pocso.
The Apex court specifically argues that if There was a serious violation of rape, the court could not use strength under the part 482 CRPC, and the same would have an impact on the community, “said the judge in his order passed on October 28.
Incidentally, both accused and the girl approached Kalaburagi carcass from HC who was looking for the stop trial in front of the Special Court in Basavana Bagewadi in the Vijayapura district, claiming that they were married and had children.
It is said that there is no purpose to be served if the process is continued.
The girl also claimed that she was 19 years old when alleged incident.
However, it declined to accept submissions, Sandesh’s justice showed that when the defendant had committed a violation under the section of the 376 IPC against a little girl, even if he had given his approval at all.
Regarding the dispute that he was a major at that time, the judge said whether he was still small or large must be decided before the trial court and the High Court could not appreciate the fact.
(The identity of the victim has not been disclosed to protect his privacy in accordance with the direction of the Supreme Court about cases related to sexual violence)
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