PRASANTH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 9/10/2022 in Crime No.835 of 2022 which is initially registered for "girl missing" and later, altered to the alleged offence punishable under Sec. 366(A) IPC and Ss. 5, 6 of Protection of Children from Sexual Offences Act, 2012, on the file of the respondent Police, seeks bail.

(2.) On the complaint given by the de-facto complainant that her daughter aged about 16 years was found missing, a case in crime No.835 of 2022 has been registered by the respondent Police for "girl missing". During the course of investigation, it came to light that the accused had kidnapped the victim girl and committed penetrative sexual assault on her. Thereby, the case has been altered to the offence punishable under Sec. 366(A) IPC and Ss. 5, 6 of Protection of Children from Sexual Offences Act, 2012. Hence the case.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner, who is aged about 19 years, is an innocent person and a false complaint has been given as against him. He further submitted that the petitioner was having a love affair with the daughter of the de-facto complainant/victim minor girl, aged about 16 years. He also submitted that the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had a love affair with the minor victim girl. He also submitted that the petitioner understands that the statement has been recorded from the victim girl under Sec. 164 Cr.P.C, wherein, she had stated that only on her own volition, she came with the the petitioner. He further submitted that the petitioner is in custody from 9/10/2022. Hence, he prays for grant of bail to the petitioner.