IMAMHUSSAIN Vs. STATE

JUDGEMENT

(1.) The petitioner is the sole accused in Spl. Case No. 3/2015 on the file of the II Addl. Sessions Judge, Vijaypur, against whom the charge-sheet has been laid for the offences u/Ss. 363, 366(A), 344, 376(2)(I)(N), I.P.C., 5 and 6 of POCSO Act, 2012 and 3(1)(xi)(2) SC/ST (PA) Act, 1989.

(2.) The brief factual matrix as could be seen from the charge-sheet papers are that :-

(3.) The statement of the victim Huligemma was recorded, wherein she has categorically stated about overt acts of the petitioner and about the sexual intercourse had with her by the petitioner on several times between 22-11-2014 to 5-12-2014. The victim was examined on 6-12-2014. The doctor has opined that there was an old tear of hymen and there are no injuries on any parts of the body and the doctor has opined that after receipt of FSL report that there was no any recent sexual intercourse and the clothes which were seized by the police also does not contain any seminal stain and spermatozoa. Therefore on the basis of the medical report and as the petitioner has been in judicial custody from eight months, the learned counsel for the petitioner request the Court to enlarge the petitioner on bail.