SALIM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Salim is in judical custody in FIR No. 299 of 2018, under Section 376 and 506 IPC, 3/4 of the Protection of Children from Sexual Offences Act, 2012 (for short "the Act"), Police Station Kichha, District Udham Singh Nagar. He has sought his release on bail.

(2.) According to the FIR, on 12th September, 2018, the victim, a child of 14 years, was playing outside of his house, when the informant, who drives a tuktuk (a cycle rickshaw run on battery), enticed the victim and took him in his tuktuk in a dilapidated house. There the applicant sodomised him. The victim told the incident to his father, who lodged the FIR.

(3.) Learned counsel for the applicant would argue that since two year the applicant is in jail; the trial is not concluding although under Section 35 of the Act, the trial should have been completed within a year. But, yet the informant has not been examined and for ensuring his presence even the bailable warrant has been issued; learned counsel would also argue that age of the victim in the various documents is varied; according to the FIR, the victim is 14 years of age and according to the school record, his age is 13 years, but, in fact, it was argued that the victim was 16 years of age and the applicant was 20 years of age. Therefore, it is not possible for the applicant to commit such an act, as alleged against him. Learned counsel for the applicant would also submit that there are great contradictions in the statement of the victim himself recorded under Sections 161 and 164 of CR.P.C.