SUKDEO KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Gaffar, learned counsel for the petitioner and Mr. T.K. Mishra, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner viz. Sukdeo Kurmi, apprehending his arrest, in connection with Mornhat Police Station Case no. 39/2020, registered under Sections 376/315/34, Indian Penal Code (IPC).

(2.) Learned Additional Public Prosecutor has produced the concerned case diary wherein the statements of the victim recorded under Section 161, CrPC and under Section 164, CrPC are found available.

(3.) In her statements, the victim has implicated the petitioner for committing the sexual offence against her will by taking advantage of his position. The victim used to work as a labour in the tea garden owned by the petitioner and she was provided house by the petitioner. The victim has alleged that the petitioner used to commit the sexual acts forcibly on the threat to kill her. It was at the instance of the petitioner, the pregnancy of the victim was aborted forcefully with the help of a doctor.