VIJAY CHAND DUBEY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Prem Kumar, learned Advocate for Applicant, Ms. Rajeshree V. Newton, learned APP for State and Ms. Devkar, learned appointed Advocate for Respondent No.2.

(2.) Applicant - accused has filed the present Application for regular bail in connection with Crime No. 551 of 2019 registered with D.N. Nagar Police Station for the offences punishable under Ss. 363, 376 of IPC[Indian Penal Code, 1860] r/w Ss. 4 and 8 of the POCSO[Protection of Children from Sexual Offences Act, 2012]. First Informant is the father of victim. Date of occurrence / incident is from 19/11/2019 to 25/11/2019. Applicant is arrested on 25/11/2019 and is incarceration for 5 years 2 months and 23 days.

(3.) It is stated in the FIR that victim who is daughter of first informant aged 14 years old informed the First Informant that she was visiting her married sister staying at Andheri. Victim at that time was residing in Malad. Since the First Informant did not hear anything from victim for the next 4 days he asked his younger daughter to enquire about her whereabouts at that time. Younger daughter came back and informed the First Informant that victim had on the first day visited her elder sister's house but immediately after sometime left the said house and thereafter never returned there. First Informant states that he found the victim alongwith the applicant roaming near Juhu Chowpatti 4 days later and get her back home persuant to which FIR is lodged.