SAHJAHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Sahjahan Ali in connection with Kalgachia Police Station Case No. 58/2020, registered under Sections 366(A)/34 of IPC read with Section 4 of POCSO Act.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, appearing for the State also perused the documents annexed.

(3.) The accused is facing trial in connection with the aforesaid case before the learned court of Special Judge, Barpeta. The FIR was filed on 30.01.2020 and the accused was arrested on 03.02.2020 in connection with the case and the charge-sheet was submitted on 29.02.2020. By this time although charge has been framed but no witness has been examined. The learned counsel for the petitioner has submitted that on several occasions the case has come up for hearing but due to the prevailing situation of Covid-19, no witness has been produced by the prosecution and the accused is in long detention. Regarding the contend of the FIR as well as the statement of the victim recorded under Section 164 C.P.C., it has been submitted that the victim herein is a major one and prosecution has not submitted any specific document including the medical report to prove the minority of the victim girl. The victim in her statement has stated that she had long love affair with the accused person since two and half years and they maintained physical relation on several occasions and at her own consent she eloped with the accused person on the day of occurrence on the call of the accused person and they remained together and in the meantime, the parents hide the accused person in some other place and in that circumstances she returned to her house and filed the FIR. The victim also refused to go for medical examination. The factum that she is minor is not properly made out.