MAKHAN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Sec. 438 Cr.P.C., seeking prearrest bail of the accused-petitioner, namely, Makhan Barman, in connection with Sidli P.S. Case No.35/2021, registered under Ss. 376/511 of the Indian Penal Code, read with Sec. 8 of POCSO Act.

(2.) Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.

(3.) Perused the case diary produced including the statement of the victim recorded under Sec. 164 of the Code of Criminal Procedure. In her such statement, the victim has categorically implicated the petitioner with the commission of offences alleged. The victim's mother, as witness, made statement under Sec. 161 of the Code of Criminal Procedure and subscribe to the statement made by the victim, she being the eye witness to the occurrence.