CHNDRA PRAKASH SHARMA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Mr. Virendra Pratap Singh, learned counsel for the applicant, Mr. Rabindra Kumar Singh learned Additional Government Advocate assisted by Mr. Ajay Singh, learned Brief holder representing the State.

(2.) By means of this application under Sec. 439 of Cr.P.C, applicant, who is involved in Case Crime No. 219 of 2021, under Ss. 354, 376 IPC and Ss. 5/6 POCSO Act, police station Bansgaon, district Gorakhpur seeks enlargement on bail during the pendency of trial.

(3.) As per prosecution case, in brief, the complainant, who is mother of the victim lodged the first information report on 16/7/2021 at 17:07 hours with regard to an incident which took place on 16/7/2021 against the applicant Chandra Prakash Sharma for the alleged offence under Ss. 354, 376 IPC and Ss. 5/6 POCSO Act alleging inter alia that today on 16/7/2021, her daughter aged about 8 years went beside her house to pluck guava from guava tree where the applicant was kissing her daughter by sitting her on his lap and thereafter raped her by took off her panty. She came home and told the entire incident to her and her mother-in-law. Thereafter, on the same day, i.e., on 16/7/2021, the victim was medically examined in which doctor opined that sexual violence cannot be ruled out. Victim in her statements under Sec. 161 and 164 Cr.P.C. has made allegation of rape against the applicant reiterating the prosecution case as mentioned in the first information report. The statement of the victim recorded under Sec. 164 Cr.P.C. is reproduced herein below:-