Professional Documents
Culture Documents
H - Mogaveera - Vs - State - of - Karnataka - Judgement
H - Mogaveera - Vs - State - of - Karnataka - Judgement
-: 1 :- R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRESENT
AND
BETWEEN:
HANUMANTHA MOGAVEERA,
AGED ABOUT 29 YEARS,
S/O. PAKIRAPPA,
R/AT SRI MANJUNATHA,
NEAR NOOJI SCHOOL,
KORGI VILLAGE, HESKUTUR POST,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 231. ... PETITIONER
AND:
STATE OF KARNATAKA BY
WOMEN POLICE STATION,
UDUPI,
REP. BY HIGH COURT SPP,
BENGALURU - 560 001. ... RESPONDENT
-: 2 :-
BETWEEN:
HANUMANTHA MOGAVEERA,
AGED ABOUT 29 YEARS,
S/O. PAKIRAPPA
R/AT SRI MANJUNATHA,
NEAR NOOJI SCHOOL, KORGI VILLAGE,
HESKUTUR POST, KUNDAPURA TALUK,
UDUPI DISTRICT - 576 231. ... PETITIONER
AND:
STATE OF KARNATAKA BY
WOMEN POLICE STATION,
UDUPI,
REP. BY HIGH COURT SPP,
BENGALURU - 560 001. ... RESPONDENT
-: 3 :-
ORDER
following terms:
-: 4 :-
-: 5 :-
-: 6 :-
registered.
.
-: 7 :-
SUBMISSIONS:
Section 35(2) of the POCSO Act, the trial Court, having not
bail.
-: 8 :-
bail.
-: 9 :-
the POCSO Act had not been complied with in the instant
-: 10 :-
POINTS OF REFERENCE:
LEGAL FRAMEWORK:
November, 1989:
.
-: 11 :-
Preamble
x x x
-: 12 :-
-: 13 :-
PART I
Article 1
Article 3
Article 16
Article 19
-: 14 :-
Article 34
-: 15 :-
x x x
Article 39
-: 16 :-
-: 17 :-
-: 18 :-
-: 19 :-
manner."
-: 20 :-
-: 21 :-
-: 22 :-
-: 23 :-
under:
-: 24 :-
-: 25 :-
-: 26 :-
-: 27 :-
under:
observed as under:
.
-: 28 :-
-: 29 :-
of the child.
-: 30 :-
-: 31 :-
evidence.
-: 32 :-
case may be, the counsel appearing for the accused shall,
during the trial, at the same time, it must ensure that the
-: 33 :-
the child does not mean the name of the child, but shall
the Special Court shall try the offences under the POCSO
POCSO Act would prevail over any other law if the latter is
-: 34 :-
Special Court.
-: 35 :-
in Chapter IX.
the provisions of any other law for the time being in force
-: 36 :-
inconsistency.
but, only after the expiry of a period of two years from the
-: 37 :-
FIRST POINT:
-: 38 :-
investigate.
-: 39 :-
Act.
POCSO Act.
-: 40 :-
if there is any delay in doing so, the reasons for the delay
-: 41 :-
reasons.
POCSO Act is during the course of the trial. The two cannot
-: 42 :-
-: 43 :-
Act.
-: 44 :-
POCSO Act.
-: 45 :-
Singh as under:
.
-: 46 :-
-: 47 :-
-: 48 :-
-: 49 :-
in mind. That is all the more necessary when almost all the
raised by the learned counsel was that the High Court was
-: 50 :-
-: 51 :-
-: 52 :-
-: 53 :-
-: 54 :-
-: 55 :-
“9. x x x
-: 56 :-
-: 57 :-
-: 58 :-
witness but not for any other purpose. Further, where the
POCSO Act.
SECOND POINT:
-: 59 :-
year for completion of the trial are not far to see. The
get on with his or her life. Prolonging the trial before the
intention, at the same time, has not lost sight of the reality
-: 60 :-
-: 61 :-
-: 62 :-
-: 63 :-
-: 64 :-
or the accused.
-: 65 :-
before the Special Court beyond the period of one year and
Vinay:
-: 66 :-
19.03.2016 and the case was posted for four hearings 'for
his report. The same was perused and it was found that
-: 67 :-
date called for, that would not stop the Special Court from
spirit.
-: 68 :-
02.06.2020), the facts noted were that when the minor girl
the accused had married the victim girl. There was also no
.
-: 69 :-
with accused No.1 and the entire case was as such against
-: 70 :-
-: 71 :-
Section 35.
-: 72 :-
-: 73 :-
accordingly.
-: 74 :-
the trial court to conclude the trial within one year from
the cases. But, that does not give a right to the accused
to seek bail for the reason that the mandate under Section
-: 75 :-
and the counsel for the accused all have their roles cut out
-: 76 :-
Act.
-: 77 :-
Courts.
Government.
-: 78 :-
-: 79 :-
link between the child and the Special Court dealing with
the child’s views are heard and are taken into account at
directions:
.
-: 80 :-
-: 81 :-
POCSO Act in its true letter and spirit by the State and
other stake-holders.
the victim child and the conclusion of the trial within the
Sd/-
JUDGE
Sd/-
JUDGE
S* RK/-