VIJOY KUMAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail to the accused petitioner.

(2.) Heard Mr.P.K.Ghosh, learned counsel appearing for the accused petitioner. Heard Mr.S.Debnath, learned Addl. PP appearing for the state respondent. In terms of order dated 20.10.2020, the case diary has been produced before this court.

(3.) The basic facts, required for disposal of the petition are that the accused 'fuchkawala' had taken the victim to a lonely place nearby her home under allurement of giving 'fuchka' to her on 08.09.2020 at around 4.00 P.M. and touched different parts of her body with sexual intent. The child somehow escaped from the custody of the accused and returned to her home. She did not divulge the incident to her parents on that day as the accused had warned her that in case she divulged the matter to her parents, her parents would be killed. On the following day when she disclosed the matter to her parents, her mother lodged a written complaint to the Officer-in-charge of Khowai P.S. and based on the complaint of her mother, Khowai P.S. case No.2020 Khowai 111 under Sections 354 and 506 IPC and Section 8 of the POCSO Act was registered and the accused was arrested and taken to custody.