ASHFAQ Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as ' Cr.P.C .' for short), 1973, seeking to enlarge the petitioner on bail in Crime No.53/2021 of Bidar Women Police Station, Bidar district, registered for the offences punishable under Ss. 376, 376(2)(n), 376(3), 506 of Indian Penal Code (hereinafter referred to as ' IPC ' for short) and Ss. 4, 6 and 12 of Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act' for short), 2012.

(2.) The complaint came to be lodged on the basis of the first information report lodged by one Smt.Ismailbee who is mother of the victim. It is alleged that she has got three children and the victim is the second daughter and she is aged about 15 years and studying at 9th standard. It is further alleged that for the last 1 1/2 year her husband brother's son who is petitioner herein is forcing this victim stating that he loves her and used to tell her not go to school and forcibly used to talk to her. In this regard, the victim informed to the complainant and her family members. The family members advised the petitioner not to do so, but he did not listen to them.

(3.) It is further alleged that on 25/11/2021 in the afternoon when complainant returned from her work at 3:00 p.m. the victim was weeping in the house, then she enquired victim and came to know that the petitioner has subjected victim to forcible sexual intercourse and he has threatened her to take away her life, if she disclose the matter to anybody. It is further alleged that the petitioner has committed forcible sexual intercourse repeatedly on the victim for about 5 to 6 months in her house on the false promise of marriage. There are witnesses who have seen the accused entering to the house of the complainant. Hence, complaint came to be lodged with the jurisdictional police on 13/12/2021. Based on the FIR, the petitioner is arrested on 20/12/2021 and he is in judicial custody. His bail petition came to be rejected by the Sessions Court. Hence, this petition.