RAHUL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant is in judicial custody for the offence punishable under Sec. 376 of the Indian Penal Code, 1860 and Sec. 5(j)(ii) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 in Case Crime No.01 of 2024 of the Revenue Police Station Bichla Dhangu-2 District Pauri Garhwal.

(2.) According to the First Information Report dtd. 11/8/2024, the victim's mother had stated that the victim got married to Rahul, son of unknown, 2 years ago and she (victim) is eight months pregnant. The victim's statement was recorded by the Magistrate under sub-sec. (5) of Sec. 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 25/9/2024. She had given a statement to the Magistrate that she had gone to the village of her maternal grandmother in the month of September, where Rahul raped her. But, due to shame, she did not inform her family about the said incident. When a child was born in the eight month, then her family members came to know about the incident. According to the statements of the victim's father (PW1) and victim's mother (PW2), the victim had told them that father of her child is Rahul. The victim (PW3), aged about 17 years, has stated that she had gone to her aunt's village (village of her Mausi) in the month of December. She had gone to Rahul's house to talk to her mother on phone, where he committed rape on her. According to the DNA report dtd. 21/12/2024, the victim is the biological mother of the child, but, the accused is not the biological father of the child of the victim.

(3.) Smt. Sandhya Negi, the Investigating Officer, is present through video conferencing. She has stated that the DNA report was received by her after the charge-sheet was filed.