HARSH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) This successive bail application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.I- 236 of 2019 with Narol Police Station, District Ahmedabad for the offences punishable under Ss. 363, 366, 376(2)N, 376(3) of the Indian Penal Code , 1860 and under Ss. 3, 4, 5(L), 6, 8, 9, 10, 11(6) and 12 of the POCSO Act, 2012.

(3.) The case of the prosecution in nutshell is that the FIR was registered by the mother of the prosecutrix on 22/12/2019 alleging that her daughter (prosecutrix), who was aged about 13 years 8 months, at the time of registration of the FIR, was missing. It is alleged that on 21/12/2019 in the morning hours, her younger daughter was not found in the house and accordingly, she registered the complaint against the present applicant alleging that he has forced the prosecutrix to accompany him. The registration of the FIR thereafter culminated into the criminal case being Special POCSO Case No.41 of 2020.