ABHAY Vs. STATE

JUDGEMENT

(1.) The present application is filed under Sec. 439 of Code of Criminal Procedure,1973 seeking grant of regular bail in FIR No. 148/2023, under Ss. 363/365/342/323/506/376 of the Indian Penal Code,1860 ('IPC') and Sec. 6 of The Protection of Children from Sexual Offences Act, 2012 ('POCSO') registered at Police Station Raj Park. The chargesheet was subsequently filed under Ss. 363/366A/34/109/323/342/506/376 IPC and Sec. 6 of POCSO.

(2.) The FIR was lodged on a complaint given by the complainant/ prosecutrix on 24/2/2023, alleging that the present applicant and the co-accused person Aman (both are stated to be brothers), kept her in confinement and established forceful sexual relations.

(3.) It is alleged that on 29/8/2019, the prosecutrix was 17 years of age and was called to meet the present applicant and co-accused Aman. Upon meeting the accused persons (present applicant and co-accused Aman) she was made to sniff a handkerchief, to which she became unconscious, and when she regained her consciousness, she found herself naked. Thereafter, it is alleged that the present applicant threatened her by showing a knife in case she tried to scream or run away.