JON SING ENGTI KATHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.I. Uddin, learned counsel for the petitioner and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

(2.) The petitioner in this case is Jon Sing Engti Kathar and the respondents are the State of Assam and the victim 'X'. The petitioner has filed this criminal revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (CrPC for short) read with Article 227 of the Constitution of India challenging the legality and propriety of the order dt. 10/4/2023 passed by the learned Special Judge, (POCSO), Karbi Anglong in connection with POCSO Case No. 7 of 2021, corresponding to G.R. Case No. 224/2021, arising out of Diphu P.S. Case No. 118 of 2021 registered u/s 376(3) of the Indian Penal Code, 1860 (IPC for short) read with Ss. 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short).

(3.) It is submitted that an FIR was lodged by the respondent No. 2, Ishta Terangpi, Centre Administrator of Centre of Sakhi One Stop Centre, Karbi Anglong contending inter alia that a girl named 'X' (name withheld), aged 15 years was sexually assaulted and mentally tortured by Sri Jackson Kathar alias Jackson Kramsa (petitioner of this case). It is alleged that the mother of the victim 'X' sent her to the house of the accused Sri Jackson Kathar and she too has abetted the accused to commit the offence. The accused frequently committed sexual assault on the victim and impregnated her. When the victim was three months pregnant, the accused and the victim's mother took her to a Pharmacy for abortion. On 1/5/2021 the accused tried to take the victim back to his house but the victim fled and took shelter in her elder sister's house. The victim informed the KNCA (Karbi Nimso Chingthan Arong) about her plight and implored for help. The President and Secretary of KNCA then apprised the informant about the incident. The informant is respondent No. 2 in this case. As soon as the FIR was registered, investigation commenced and finally charge-sheet was laid against the accused (hereinafter referred to as the petitioner). The victim's mother was also arraigned as an accused and charge-sheet was laid against her. Trial commenced and evidence was recorded. It is submitted that the petitioner repeatedly prayed for bail but his prayer for bail was rejected and he is in custody since 4/5/2021.