BALAMURUGAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal has been filed to set aside the order in Crl.M.P.No.858 of 2021, on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, 2012, Virudhunagar District at Srivilliputhur, dtd. 12/10/2021 and to grant bail to the appellant.

(2.) A case against the appellant is that the petitioner by giving a false promise of marriage, deceived the victim child aged about 16 years and committed an aggravated penetrative sexual assault, criminally intimidated her not to divulge the same to the others. The victim child became pregnant and she gave birth to a female child. A case in Crime No.11 of 2021 was registered against the appellant under Ss. 363, 376(3), 506(i) of IPC and Sec. 5(1)(j)(ii) r/w. Sec. 6 of POCSO Act, 2012 and Sec. 3(1)(w)(i), 3 (2)(va) of the Scheduled caste and the Scheduled Tribes Act by the second respondent Police. The appellant was arrested on 19/8/2021 and he filed a bail petition in Crl.M.P.No.858 of 2021 before the Sessions Court. That petition was dismissed on 12/10/2021. Against which, the appellant has preferred this appeal.

(3.) On the side of the appellant, it is stated that the there was a love affair between the appellant and the victim for a short period, then, the victim had relationship with some other persons and the appellant stopped the relationship with the victim. The occurrence is said to have taken place in the year 2020, but, the F.I.R was registered only on 18/8/2021. There is an inordinate delay in lodging the F.I.R. Originally the F.I.R. was registered under the provision of I.P.C. and POCSO Act. Subsequently, the provision of Scheduled caste and the Scheduled Tribes Act, was added to the charges. The appellant is in custody for the past 91 days and prayed the appeal to be allowed.