TARUN DAS Vs. STATE OF C.G.

JUDGEMENT

(1.) This is second bail application filed under Sec. 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 51 of 2021 registered at Police Station Kartala, District Korba (C.G) for the offences punishable under Ss. 376(2)(n), 376(3), 342 of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act.

(2.) As per the prosecution case, the applicant knowing the victim to be a minor girl enticed her away from the lawful guardianship of her parents and committed sexual intercourse.

(3.) Learned counsel for the applicant submits that on 6/1/2022 the first bail application was dismissed as withdrawn with liberty to renew the prayer after examination of the prosecutrix. He submits the victim girl has been examined before the Court below and she has not supported the case of prosecution. He refers to Para 55 of her court statement to show that under the pressure of family members, the prosecutrix deposed the court statements and further she has made a categorical statement that at the instance of her mother, father and other family members, the evidence was given.