RAMRAHIT SINGH Vs. DHANANJOY SINGH AND ORS.

JUDGEMENT

(1.) By preferring the present application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as Cr.P.C. for brevity) the petitioner has prayed that the order dated 15.07.2014 passed by the Learned Additional Sessions Judge, 2nd Court, Burdwan in Criminal Misc. Case No.4027 of 2013, thereby dismissing the revision and affirming the order dated 29.07.2013 passed by the Learned Additional Chief Judicial Magistrate, Asansol in G.R. Case No.1366 of 2013 in respect of granting of bail of the O.P. No.1 be quashed and set aside.

(2.) The factual matrix which gave rise to the present application is as follows: An offence was registered being No.40/13 dated 01.06.2013 under the provisions of Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act for brevity) and Section 506 of the Indian Penal Code against Dhananjoy Singh @ Motu (O.P.No.1 herein).

(3.) As per the F.I.R. lodged on 01.06.2013 the petitioner on 20.05.2013 went to his native place in Bihar keeping his two minor sons and the minor daughter aged about 13 years 4 months 16 days (victim girl) in his house. Taking advantage of his absence his neighbour's son Dhananjoy Singh @ Motu trespassed into his house in the night and committed rape upon his minor daughter on 21.05.2013, 24.05.2013 and 28.05.2013 under threat to kill her and her minor brothers. In the night on 28.05.2013 around 12.30 hours the complainant returned home and saw the accused Dhananjoy Singh @ Motu fled away from his house. His daughter (victim girl) narrated the incident to the petitioner and his wife.