REHMAN SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant-accused No.1 feeling aggrieved by rejection of his bail application filed under Sec. 439 of Code of Criminal Procedure (for short ' Cr.P.C ') passed by learned Additional District and Sessions Judge, F.T.S.C-I, Ballari, in S.C.No.830/2022, dtd. 19/1/2023, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 22/8/2022 while victim girl was alone in the house, accused on the pretext of giving chips packet and chocolate carried her to his under construction house and undressed her. Thereafter, accused has committed penetrative sexual assault on victim girl. This incident was revealed by victim girl to her parents when they returned to home after coolie work in the evening at 7:00 p.m. When the parents of victim girl went to the house of accused to question, his wife and children have wrongfully confined the complainant, her husband and their elder daughter, so also abused in filthy language and administered threat to take away their life. Accused have asked complainant to take money of Rs.1,50,000.00 and keep quite or elsewhere they will commit her murder. On these allegations made in the complaint, case is registered in Hospet Rural Police Station Crime No.106/2022 for the offences punishable under Ss. 363, 366, 376 (2) (I), 376 (2) (J), 376(3), 504, 506 read with Sec. 149 of Indian Penal Code (for short 'IPC'), Ss. 4. (2), 6 of Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO Act') and Ss. 3(1)(2)(i), 3(2)(v- a), 3(1)(r), 3(1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short 'the Act').