RAJESH MUND Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Rajesh Mund @ Bulu is an accused in Kegaon P.S. Case 116 of 2015 which corresponds to C.T. Case No. 353 of 2015 pending in the Court of Special Judge, Kalahandi, Bhawanipatna in which charge sheet has been submitted under Ss. 366 -A, 372 and 373 of the Indian Penal Code read with Ss. 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956 (hereafter '1956 Act') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act').

(2.) The prosecution case, as per the First Information Report lodged by one Chema Majhi of village Bagdori before the Inspector -in -Charge of Kegaon Police Station on 15.08.2015 is that on 14.08.2015 at about 10 a.m., three unknown girls came with two unknown persons in two motor cycles to the house of co -accused Dulamani Bihari of village Bagdori and thereafter they took those girls towards the hilly area and engaged those girls in prostitution. It is further stated that previously some unsocial persons also brought minor girls and engaged them in prostitution for which the girls and women of the village were facing a lot of problem and even the parents and guardians of the girls were not allowing them to go to school. The petitioner and other two co -accused persons were named as accused in the First Information Report, in which number of co -villagers put their signatures as witnesses.

(3.) During course of investigation, the petitioner moved an application for bail before the learned Special Judge, Kalahandi, Bhawanipatna which was rejected on the ground that 161 Cr.P.C. statements of the victims indicate their age to be 12 and 14 years and the petitioner was identified in the T.I. parade and the accused persons kept the victims girls in a house and sexually assaulted them and moreover the investigation was under progress.