SHAIK VAZID Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner, who is an accused in Crime No. 24 of 2015 of Kavali I Town Police Station, Nellore District, filed the present application under sections 437 and 439 CR.P.C. seeking enlargement on bail in the above crime registered for the offences punishable under Sections 376 Penal Code and section 5(m) read with section 6 of the protection of children from sexual offences Act, 2012.

(2.) The issue that falls for consideration in the present criminal petition is; "Whetherthe petitioner, who is a juvenile in conflict with law can be released on bail by invoking Sections 437 and 439 Cr.P.C."

(3.) In order to deal with the said aspect, it may be useful to refer to facts in issue. The averments in the First Information Report given by one Patan Ayub Khan disclose that his daughter who is aged about 6 years is studying I Class is Bhashyarn School. Since last two months his daughter was complaining about stomach pain and some burning sensation in her vagina. On a complaint made, they got her treated in local Hospital but the same could not be cured. About four days prior to the date of lodging of the report, the victim girl along with her mother went to the house of her grandmother at Brahmanakraka Agraharam village. On 15 -1 -2015 while the victim girl was talking with a boy in a filthy language, her mother questioned her as to w hy she is using such foul language. On that the victim girl informed her that Vazid bhayya s/o. Hameed uncle residing opposite to their house is also a bad boy. Then the mother asked the victim as to what he has done. She is alleged to have replied stating that since many days he used to call her to his house through Saniya (sister of Vazid), took her into his bed room, removed her clothes and behaved in an indecent manner. Next day the mother of the victim returned to the house along with victim girl and informed the same to her husband. On that the informant informed the same to L.Ws. 5 and 6, who advised him to lodge a report. Basing on these allegations, the above report came to be lodged.