SACHIN Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent - Prosecution. Perused the records including the DNA Report dated 30.1.2020 now placed on record by the learned Government Pleader with the leave of this court.

(2.) The petitioner's application for bail before the Special Court has been rejected by the order dated 19.11.2019. The charge sheet is filed against the petitioner for offences punishable under Section 376 of the Indian Penal Code read with section 6 of the Protection of Children from Sexual Offences Act, 2012 (For short, 'POCSO Act').

(3.) The prosecution's case is that the petitioner developed friendship with the victim, and over a period of time was able to win her confidence with assurances of being in love with her and wanting to marry her. He encouraged the victim to spend time with him in a vacant premises closer to her residence. The petitioner, despite protestations by the victim, forced himself sexually on her on multiple occasions. However, he stopped talking to the victim after sometime. The victim, out of fear, did not inform her parents both of whom work as coolies. When the victim fell ill after some days, she was taken to hospital by her parents. The victim and her parents were told that she was carrying child. Therefore, the petitioner is charged with the offences punishable under Section 376 of the Indian Penal Code read with Section 6 of the POCSO Act.