LAWS(TRIP)-2019-10-19

MD. AWAL MIAH Vs. STATE OF TRIPURA

Decided On October 01, 2019
Md. Awal Miah Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Mr. P. Sen Choudhury, learned counsel appearing for the accused-petitioner as well as Mr. S. Ghosh, learned Additional PP appearing for the State-respondent .

(2.) This is a case where the accused-petitioner has prayed for granting him pre-arrest bail, who is wanted in connection with Amtali PS case no. 164 of 2019 under sections 376(2)(i) of the IPC and section 4 of the POCSO Act.

(3.) The complaint was lodged by the mother of the victim stating, inter alia, that on 08.09.2019 at about 2.00 pm, her daughter went to the nearby shop for bringing eggs and at that time, the owner of the shop kicked her daughter on her stomach for which she fell down on the ground and the petitioner forcibly raped her. It has been further alleged that prior to the said incident also, the petitioner had committed rape upon her daughter 4/5 times and had threatened her daughter not to disclose the matter to anybody. Considering the future of her daughter, there was a delay in lodging the FIR.