WAJED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Apparently, the allegations made in the FIR in this case are very common but it has raised a legal issue about the procedure to be followed by the Judicial Magistrates for recording statements of victim girls, who are allegedly minor and juvenile and victim of kidnapping, sexual abuse and child marriage.

(2.) By this application under Section 438 Code of Criminal Procedure, 1973, the accused Wajid Ali is seeking the privilege of pre-arrest bail apprehending his arrest in connection with Barpeta Police Station Case No.428 of 2012, (GR No. 767 of 2012) under Sections 366(A)/342/34 IPC.

(3.) Heard the arguments of Mr. HRA Choudhury, learned Senior Counsel for the petitioner and that of Mr. BB Gogoi, learned Additional Public Prosecutor for the State of Assam. At the same time, Mr. J Ahmed, learned counsel for the informant appeared objecting the bail prayer. The informant has also filed a written objection, accompanied by a school certificate as well as a birth certificate from the Health department showing that victim girl was born on 19.9.1999.