KUNSUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application, filed under Sec. 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Kunsur Ali @ Kunsur Ali Sk. and 2) Ratul Islam @ Mohibur Islam, in connection with Kokrajhar Police Station Case No.772/2021 registered under Ss. 376/506/511/34 of the Indian Penal Code, read with Sec. 18 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Heard Mr. T.J. Mahanta, learned senior counsel assisted by P.P. Dutta, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

(3.) Case diary produced has been perused, including the statement of the victim recorded under Sec. 164 of the Code of Criminal Procedure. In her such statement recorded under Sec. 164 of the Code of Criminal Procedure, the victim has implicated the petitioner with the commission of an offence of attempted rape. It has come out from her such statement that the informant has touched her hand as well as the breast. From the statement of the other witnesses, it appears that they have no independent knowledge of the situation and rather they are witness to the situation aftermath of the occurrence. The village headman, as witness, has stated that he was not even told about the occurrence either by the victim or by the informant. The offence alleged in the instant case, prima facie, appears to have been an offence punishable under Sec. 354A of the I.P.C., although the case has been registered under Ss. 376/511 of the Indian Penal Code.