KARAMSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973 the applicant is seeking bail in connection with offence punishable under Sec. 376(2) , 376(2)(j) , 376(2)(k) , 376(2)(n) , 376(3) and 323 of Indian Penal Code and under Sec. 4 and 6 of the POCSO Act, in pursuance to the FIR being CR NO. 11199006220411 of 2022 registered with Ankleshwar Rural Police Station, District: Bharuch.

(2.) As per FIR registered by one Sunitaben who happens to be wife of the present applicant, the complainant along with her husband and with kids was residing since last 4 years at Jitali village and doing a job there. Age of one of the daughter is 12 years and 6 months and she is having 2 daughters and a son. As per the complaint on 24/4/2022 when she and her husband went to job and when she returned, after having meal and they were sleeping, around 01.30 in the night she wake up for drinking water and found that her husband was indulging into illicit relationship with her own daughter. Therefore, when she asked her husband that why he was doing such kind of thing with his own daughter. He did not reply anything. Thereafter immediately after 2 days on 26/4/2022 daughter of the complainant told the complainant that she is being physically abused like this since last 3 months and yesterday also the accused person who happens to be the father of the deceased girl 12 years did the same thing. Ultimately that lead to the quarrel between herself and her husband and thereafter the present FIR was registered.

(3.) Heard learned advocate Mr. Vihshvesh Pujara for learned advocate Mr. Jigar B. Acharya. Mr. Pujara submitted that the relation between husband and wife were not good and they were quarreling frequently as the husband was having suspicion that the complainant is having affair with someone and therefore, ultimately that lead the husband to indulge into such things. Except this no submission is made by Mr. Pujara.