CHANDESWAR RAI Vs. DHANBAN JAMATIA

JUDGEMENT

(1.) By way of the present petition under section 439 (2) of the Code of Criminal Procedure, 1979 (herein referred to as 'Cr.P.C.') the petitioner has impugned order dated 29th July 2016 passed by learned Special Judge (POCSO), Shillong whereby respondent No. 1 has been granted bail in Rynjah P.S. Case No. 69 (06) 2016 under Section 341/363/342 IPC R/w section 5 (g) (m)/6 POCSO Act.

(2.) The factual matrix of the case as culled out from the petition is that the petitioner is the father of the minor girl Miss 'X' (name changed). On 2nd June 2016 the victim/daughter of the petitioner, who is studying at Nongthymmai Nepali School in Class IV went for her tuition at around 3:30 to 4:00 PM and after tuition she came back home and kept the bag and after having tea she left the house to play with the son of her tuition teacher who resides in the same compound. On coming out of the house, the victim met her friend namely, Ame Suting who is also her neighbour and played a while outside her house. However, after sometime the said friend went home and she followed her to her house but on reaching the house, the respondent No. 1 pulled her tightly by her hand and took her inside the house. The other co-accused tied her hands and legs with a brown colour plastic rope and stuffed her mouth with a cloth. All the accused persons committed rape on her one after another. On the next day i.e. 3rd June, 2016, the victim did not disclose the incident as she was scared and on finding her tuition teacher with whom she could share the incident, she narrated the entire incident dated 2nd June, 2016. On coming to know about the incident the said tuition teacher was shocked and decided to inform her mother about the same and took the victim to the shop of her father and called her mother and they went home where the victim narrated the entire incident to her mother.

(3.) It is also stated by the petitioner that on coming to know about the incidents, the petitioner lodged an F.I.R. with the Officer-inCharge of Nongthymmai Beat House on 3rd June, 2016 regarding commission of the crime on the child and requested to take necessary action against the perpetrators involved in the commission of the crime. On the basis of the said complaint police registered Rynjah P.S. Case No. 69 (06) 2016 U/s 341/363/342 IPC R/w section 5 (g) (m)/6 POCSO Act. The victim was medically examined at Ganesh Das Hospital, Shillong. On 4th June, 2016 the respondent No. 1 and the other co-accused were arrested. Statements of witnesses were recorded and statement of the victim under section 161 Cr.P.C. was recorded. Thereafter, statement of the victim/prosecutrix was also recorded under section 164 Cr.P.C.