PREMLAL YADAV Vs. STATE OF CG

JUDGEMENT

(1.) HEARD . This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 127/2005, registered at Police Station-Gariyaband, District - Raipur (C.G.) for the offence punishable under Section 363, 366, 376 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case of the prosecution is that on 19-11-2004, the applicant took the prosecutrix with him from her village to Gariyaband, from Gariyaband to Raipur, they travelled in a bus and from Raipur to Delhi, they travelled by train. The prosecutrix and the applicant returned back to the village on 31-10-2005. Though the report of absconsion was lodged by the mother on 20-11-2004, but the applicant was arrested on 4-11-2005. The prosecution has seized the school certificate of the prosecutrix, in which, her date of birth is shown as 28-2-1988. According to which, she would be aged about 16 years and 19 months on the date of incident.

(2.) LEARNED counsel for the applicant submits that looking to the age and conduct of the prosecutrix, no offence under Section 376 of the IPC would be made out in this case. He prays for releasing the applicant on bail. On the other hand learned counsel for the State opposes the bail application. Considering the facts and circumstances of this case, particularly considering the age and conduct of the prosecutrix, I am of the opinion that present is a fit case in which the applicant should be enlarged on bail. His application is allowed.