JADA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement.

(2.) This criminal appeal has been filed by the appellant challenging the order dtd. 2/11/2020 passed by the learned Special Judge, Balasore in Special Case No.235 of 2020 arising out of Soro P.S. Case No.242 of 2020 registered under Sec. 376AB of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for brevity) rejecting the prayer of the appellant to release him on bail in exercise of power under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act' for brevity).

(3.) The case of the prosecution is that on 6/8/2020 the complainant Janardan Jena of village Nandigan Samil Kanpur, in the district of Balasore reported before the Soro Police Station that on 5/8/2020 afternoon at 5.00 P.M. he along with his wife had been to cultivated land. When they returned, they found that in their absence, the appellant came to his house and committed penetrative sexual assault with his minor daughter without her consent. Accordingly, Soro P.S. Case No.242 of 2020 was registered under Sec. 376AB of the I.P.C. read with Sec. 6 of the POCSO Act against the appellant.