ASHARUTHEEN Vs. STATE

JUDGEMENT

(1.) These criminal appeals have been filed by the appellants/accused, seeking to set aside the order dated 07.09.2019, made in Crl. M.P. No. 299/2019, by the Sessions, Mahalir Neethi Mandram, (Fast Track Mahila Court) Erode.

(2.) This Court heard the learned counsel for the appellants and the learned Additional Public Prosecutor for the 1st respondent.

(3.) The case of the prosecution as per the de-facto complainant Lalitha is that the de-facto complainant belongs to the Scheduled Caste community and that her father has left them and her mother has been affected by mental illness and that the complainant was living along with her mother and two sisters. Her younger sister Durhashini, was aged about 15 years and that when she had gone to school, on 20.02.2019 and she did not return back and thereby, a complaint was given to the respondent police and a case in Cr. No. 530/2019 was registered under the caption for "girl missing". During the course of investigation, it was found that the 1st accused along with 2nd accused had kidnapped the minor girl Durhashini and committed sexual assault on her and thereby, the case was altered to one under Sections 366 and 109 of IPC read with Section 8 and 17 of the POCSO Act and Section 3(1)(w)(i) SC and ST ACT (POA) act against the accused and both 1st and 2nd accused were arrested and remanded to judicial custody on 29.08.2019. The Appellants had filed Crl. M.P. No. 299/2019, seeking for bail and the Sessions Court, Magalir Neethi Mandram (Fast Track Mahila Court) Erode, by order dated 07.09.2019 had dismissed the petitions. Against which the present appeals have been filed.