VIVEK Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 6/11/2022 in Crime No.17 of 2022 which is initially registered for the offence under Sec. 363 of IPC and later, altered to the alleged offence punishable under Ss. 363, 366 IPC r/w Ss. 3 and 4 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 15 years was kidnapped by the petitioner, a case in Crime No.17 of 2022 has been registered by the respondent Police for the offence under Sec. 363 of IPC. 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 Ss. 363, 366 IPC r/w Ss. 3 and 4 of Protection of Children from Sexual Offences Act, 2012. Hence the case.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner 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 and the victim girl on her own volition come along with the petitioner. 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 further submitted that the petitioner is in custody from 6/11/2022. Hence, he prays for grant of bail to the petitioner.