RAJ CHANDRA RUDRAPAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing this petition, petitioners have sought for quashing the order dtd. 30/6/2021 passed by the Special Judge (POCSO), North Tripura, Dharmanagar in case No.BA/67/2021 whereby bail granted to the petitioners was cancelled by the learned Special Judge.

(2.) Factual back ground of the case is as under: All the 03(three) petitioners were booked on the charge of having committed gang rape on a minor girl (victim hereunder). Mother of the victim [name withheld to hide identity of the victim] lodged a written FIR with the officer -in-charge of Panisagar police station on 31/5/2021 alleging, inter alia, that her daughter was sent to a nearby shop at about 8 O'clock in the morning on 28/5/2021wherefrom she returned home at around 11 O'clock. After she returned home, the mother noticed changes in her mood. She was not speaking to anyone and she was even reluctant in having her food. To the query of her mother, the victim told her that while she was going to the shop, accused Rajesh Rudrapaul along with Subhajit Sen had forcibly lifted her in their vehicle and thereafter she was taken to a lonely place where they committed rape on her by turn inside the vehicle. The other accused was then standing outside the vehicle as a guard. After committing rape on her, they left her in front of Apanjan Club in her neighbourhood from where she walked to her home. The victim told her mother that in fear and shame she could not disclose anything to her mother immediately after the occurrence.

(3.) Based on the said FIR of the mother of the victim, Panisagar P.S. Case no.026 of 2021 under Ss. 342,376(2)(i), 376D and 506 IPC and Sec. 4 of the Protection Of Children from Sexual Offences Act,2012(POCSO) was registered against the petitioners and investigation of the case was taken up. In the course of investigation, police arrested accused Subhajit Sen and Sanjoy Nath on 31/5/2021 and accused Rajesh Rudrapaul was arrested on 1/6/2021 and after arrest they were produced in court.