RAM BABU VISHWAKARMA Vs. STATE OF U. P

JUDGEMENT

(1.) Heard Sri Tryambak Nath Mishra, learned counsel for appellant, Sri L.D. Rajbhar, learned A.G.A. for the State, Sri Mahabir Yadav, learned counsel for opposite party no.2 and perused the record.

(2.) The instant criminal appeal has been preferred on behalf of appellant-juvenile under Sec. 101 of POCSO Act against the impugned order dtd. 19/5/2020 passed by learned Additional District and Sessions Judge/Special Judge (POCSO Act), Allahabad by which the 2nd Bail Application No.1299 of 2020 moved on behalf of father of appellant for releasing him on bail and giving under the custody of his father was rejected.

(3.) The brief facts necessary for disposal of this appeal is that informant/opposite party no.2 Deep Chand lodged a first information report alleging therein that on 9/8/2019 at about 12:00 ''o'clock, his daughter victim X aged about 11 years was alone at the house and rest family members went to the field to plant paddy. His daughter went to take water from the hand pump installed at the Haata of his neighbor Ram Babu Vishwakarma son of Chhote Lal, who called his daughter at his house on the pretext of giving her water, when she went there, he forcibly dragged her into his room and committed rape upon her. She kept on protesting and shouting, while the appellant pacified victim X by pressing her mouth and told her Chamarin quietly go to home otherwise he will kill her and her family members. When the said incident was complained to Bhabhi and mother of appellant, they also abused complainant and said that if she complained about it anywhere, then his family members will not be able to show their faces in the society.