VIJAYKUMAR RAJESHBHAI VALAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Ms.Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of admission for respondent No.1 - State and Ms.Aslesha Patel, learned advocate waives service of notice of admission for respondent No.2.

(2.) This is an appeal under Sec. 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for bail in connection with the FIR. being I - C.R.No.44/2018 registered with Kapadvanj Rural Police Station, District: Kheda for the offences under Sections 363, 366 and 376 of the Indian Penal Code and Sec. 3(1)(r)(w) (1)(2), 3(2)(v-a) of the Atrocity Act and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter be referred to as "the POCSO Act").

(3.) It is the case of the appellant that he was arrested in the aforesaid offence and he is in jail. According to him, after completion of the investigation, the investigating officer has filed the charge-sheet. It is also submitted that as per the case of the prosecution, the complainant's daughter, aged about 14 years and 6 moths had been taken away by the accused on the date of incident i.e. on 19.10.2018 and she was coming back after singing of Garba in Navratri; the accused had taken her with him on his motorcycle and, thereafter, she was sent to Balasinor in Ecco Car. It is submitted that in view of the statement of the victim, it is clear that she compelled the accused to take her with him as she wanted to marry. At that time, accused had told her that after she completes majority, he will marry with her and this fact shows that there was no intention on the part of the accused to do anything wrong with the victim. He has contended that during the course of the investigation, the offence under section 376 of the Indian Penal Code has added by the police.