THIBBA Vs. STATE

JUDGEMENT

(1.) THIS is the petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section 3(b) and 4 of the Protection of Children from Sexual Offence Prevention Act, 2012 read with Section 354 of IPC registered in respondent -police station in Spl. Case. No. 46/2013. The brief facts of the prosecution case as per the averments in the complaint are that one Sri Shantharaju, father of victim girl filed the complaint on 13.07.2013 alleging that his daughter Shalini aged 7 years and his nephews namely Shivaranjan, aged 11 years and Pradeep, aged 9 years were playing near the house and at about 4.30 p.m. the petitioner/accused came there and he gave chocolates to the nephews of the complainant and asked them to go the house and he took the victim girl Shalini, but the nephews of the complainant having suspicion did not go to the house and they followed the petitioner and the accused took victim girl Shalini towards forest guard i.e., residential houses behind and he made Shalini to sit on the washing stone and he removed the zip of Shalini and removed the zip of his pant and when he was putting his hand to the private part of Shalini, at that time the nephews of the complainant asked the accused what he is doing and they also said him that they will inform in the house, the accused ran away from that place. Then victim girl Shalini and the nephews of complainant informed the same at home and as the complainant's relative had gone outside, he waited till his arrival and on his arrival, after informing him about the incident, his relative suggested the complainant to file the complaint and as such, the complainant has filed the complaint before the police. On the basis of the said complaint, the case has been registered against the petitioner for the alleged offences.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader appearing for respondent -State.

(3.) AS against this, the learned High Court Government Pleader appearing for the respondent -State during the course of his arguments submitted that perusing the statement of the victim girl Shalini she has stated that when the petitioner was putting his hand into the private part, she had screamed. Therefore, he submitted that looking to the statement of the victim girl itself, it goes to show that the petitioner had put his hand into the private part of the victim girl. He also made a submission that as the father of victim girl did not give the consent for examination of the genital organ of the victim girl, she was not examined by the doctor. Hence, he submitted that there is a prima facie material against the petitioner and hence, he is not entitled to be released on bail.