SUNITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, relevant it would be to refer to the observations made by the Hon'ble Apex Court in the case of 'Bhagwan Singh vs. Dilip Kumar @ Deepu @ Depak And Another', reported in 2023 SCC Online SC 1059, recording that 'Rape' is a heinous crime and a blow on the dignity of women. The relevant observations made by the Apex Court at Paragraph-18 thereof, reads thus;

(2.) By way of this petition filed under Sec. 439(2) of the Code of Criminal Procedure, 1973 (in brief, 'the Code'), the petitioner seeks to assail the order dtd. 22/9/2022, passed by the learned Special Judge [POCSO], City Civil and Sessions Court, Ahmedabad ('the trial Court', herein after), in Criminal Misc. Application No. 6584 of 2022, whereby, the trial Court released the original accused-Respondent No.3, herein, on regular bail for the offence punishable under Ss. Ss. 376(2)(N), 376(3) and 506(2) of the Indian Penal Code, 1860 ('IPC', in short), and Ss. 4, 5(L), 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (in brief, 'POCSO Act').

(3.) The brief facts, leading to the filing of the present petition, are that the original complainant-Petitioner, herein, lodged an FIR, being C.R. No. 11191040221676 of 2022 with Sardarnagar Police Station, Ahmedabad, for the offence punishable under Ss. 376(2)(N), 376(3) and 506(2) of the IPC and Ss. 4, 5(L), 6 and 12 of the the POCSO Act, wherein, she has stated that she is residing at the address mentioned in the FIR along with her two sons and a daughterthe victim, who happens to be her adopted daughter and who is the youngest amongst the siblings, whereas, her husband has passed away about nine years before the alleged incident. It is, further, stated that, at the time of incident, the victim was aged about 12 years. It is stated that the victim also has a separate cell phone of her own. It is, further, stated in the FIR that, since, the economical condition of the house of Respondent No.3-the accused is not good, she had hired the accused-Respondent No.3 for doing miscellaneous work before about five months of the alleged offence.