RAKKI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 17/4/2023 for the offences punishable under Sec. 354 (D), 354 (A), 342, 506 (ii) of I.P.C. r/w Sec. 3 and 4 of POCSO Act. Subsequently, altered into offences under Sec. 354 (D), 354 A, 342, 506 (2) I.P.C and Sec. 4 of Protection of Child from Sexual Offences Act, 2012 and Sec. 4 of Protection of Harassment of Women Act, 2002, in Cr.No.11 of 2023 on the file of the respondent Police, seeks bail.

(2.) The learned counsel for the petitioner submitted that, petitioner is an accused in Crime No.11 of 2023 for the offences under Ss. 354(d), 354(a), 342, 506(ii) IPC r/w Sec. 3 and 4 of the POCSO Act. Subsequently, altered into offences under Sec. 354 (D), 354 A, 342, 506 (2) I.P.C and Sec. 4 of Protection of Child from Sexual Offences Act, 2012 and Sec. 4 of Protection of Harassment of Women Act, 2002. It is his submission that, the victim girl and petitioner fell in love with each other and for the said reason, this case is registered falsely against the petitioner. Petitioner has not committed any offence, especially the offences under POCSO Act. He is in judicial custody from 17/4/2023. Thus, he prays for grant of bail.

(3.) In response, the learned Additional Public Prosecutor vehemently oppose this petition, on the ground that, the victim girl was forcibly taken and was raped by the petitioner. He further submitted that, petitioner committed offence of aggravated sexual assault against the victim girl. The investigation in this case is not completed and therefore, he prays for dismissing the petition.