THAKOR SUNDAJI RUPAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for bail in connection with the FIR being C.R. No.11217040200575 of 2020 registered with Vagdod Police Station, Dist. Patan for the offences under Sections 363, 366 of the Indian Penal Code, 1860 and Sections 17 and 18 of the Protection of Children from Sexual Offences Act, 2012

(3.) It is the case of the prosecution that the first informant is the father of the victim. The victim used to go for labour work with her mother and when the first informant caught one mobile phone with her daughter victim, at that time he came to know that the same was given by the main accused to her daughter. Upon scolding the victim daughter, she insisted for engagement with the accused and at that time the first informant told her that once she attains the age of majority, he will let her to marry the accused. Thereafter, the first informant sent the victim to his brother-in-law's place at Kanosan, Taluka Saraswati before ten days of the alleged offence. On 30.08.2020, the brother-in-law of the first informant informed him at about 3 a.m. that his victim daughter is not in the house. Thereafter, the first informant, his brother-in-law and nephew went to Soni village to check whether the accused is at his house or not but they could not find the accused or his family and hence, the first informant lodged the impugned F.I.R.