GANESH Vs. STATE BY ALDUR POLICE

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused under Section 439 of Cr.P.C seeking his release on bail for the alleged offences punishable under Sections 376 (2) of IPC and under Section 2(1) (N), 4, 17 of Protection of Children from Sexual Offences Act registered by the respondent-police in.

(2.) Victim Girl is the complainant wherein she has stated that she is aged about 17 years. Since four years, she fell in love with the present petitioner and on the assurance that he will marry her, the petitioner took her to different places. Both of them had body contact during that period. Now, she is carrying pregnancy and when enquired with the petitioner and asked him to marry her, he refused. Thereafter, he went away.

(3.) On the basis of the said complaint, case came to be registered, I have perused the grounds urged in the bail petition, FIR complaint and other materials produced in the case, also considered the submissions made by the learned counsel on both sides. Looking to the complaint averments itself, it was also the statement of the victim girl recorded before the JMFC Court, she has stated that she is in love with the petitioner since four years. They were moving together and had bodily contact with each other. Looking to these materials placed on record, prima facie case to show that even if there is bodily contact, ingredients under Section 376 of IPC prima facie are not attracted. The petitioner contended that he is innocent not involved in committing the alleged offences and he is ready to abide by any conditions that may be imposed by this Court.