MOHAMMAD HUSAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Applicant is seeking regular bail under Sec. 439 of the Code of Criminal Procedure, 1973. The applicant, Mohammad Hasan, aged about 21 years, is in judicial custody since 14/7/2023 in connection with Case Crime No. 357 of 2023, registered at Police Station Patel Nagar, District Dehradun, for offences punishable under Ss. 376, 354C, 354D, 506 IPC and Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act").

(2.) The factual backdrop, as it emerges from the record, indicates that the complainant initially lodged a missing report with respect to his minor daughter. Subsequently, upon her recovery, and based on her statements under Ss. 161 Cr.PC, an FIR was registered alleging that the applicant had raped the victim at a hotel, and had further threatened her using a purported objectionable video. On the strength of these statements, additional offences under the IPC and the POCSO Act were added.

(3.) The gravamen of the allegation is that the applicant, while in a friendship with the victim, lured her to a hotel, sexually assaulted her, and threatened to defame her by circulating an illicit video.