ASHOKRAJ Vs. STATE

JUDGEMENT

(1.) Being dissatisfied with the order dtd. 15/2/2022 passed in Crl.M.P.No.35 of 2022, on the file of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri, the appellant who is arrayed as accused in crime No.2 of 2022 on the file of All Women Police Station, Dharmapuri, preferred the appeal praying to set aside the order dtd. 15/2/2022 and to enlarge him on bail.

(2.) The case of the prosecution is that the defacto complainant belongs to the Adidravidar Community and the appellant belongs to the Vanniyar Community. On 7/1/2022 around 11.00 a.m., the daughter of the defacto complainant by name Devi, aged about 14 years, along with her sisters went to a bank in Ariyakulam to get their scholarship amount, but the said Devi alone did not return. On enquiry, it came to know that the said Devi was talking with one person on the Ariyakulam bus stop and went along with him in a bike Hence, a case has been registered against him under Ss. 363 and 366 of IPC. It was further alleged that on 9/1/2022, the alleged victim girl was secured and on enquiry it was came to know that her mother used to quarrel with the alleged victim girl insisting her to perform household works and in such circumstances, she got acquaintance with the appellant and eloped with him and had sexual intercourse. Hence, sec. of law altered as Ss. 363, 366 of IPC and Sec. 5(1) r/w 6 of POCSO Act and Sec. 3(2)(v) of SC/ST (POA) Amendment Act, 2015.

(3.) The learned counsel for the appellant would submit that the appellant is an innocent person and he has been falsely implicated in this case. He would further submit that the appellant herein committed this offence due to the compulsion made by the victim girl. In fact, during the relevant point of time, the appellant has not taken any efforts for committing this offence. Instead of considering the same, the respondent police foisted a false case against this appellant. Further, the appellant is in the judicial custody from 14/1/2022 onwards. Hence, he prays for bail.