BABNA MAHATO @ BABON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Hasan, learned counsel for the petitioner and Mr. S. Saikia, learned Additional Public Prosecutor for the State.

(2.) This is an application filed u/s 483 of the BNSS, 2023, r/w Sec. 187 of the BNSS praying for granting of default bail in respect of the petitioner who has been in custody since 16/10/2025 in POCSO Case No. 11/2026 u/s 64(2)/65/70(2) of the BNS, 2023, r/w Sec. 6 of the POCSO Act pending before the Court of the learned Additional Sessions Judge-cum-Special Judge, POCSO, Tinsukia (corresponding to Tinsukia P.S. Case No. 378/2025).

(3.) The prosecution case is that the respondent No. 2 being the complainant, lodged an FIR before the Tinsukia Police Station on 15/10/2025 to the effect that her daughter namely "Miss X" (name withheld) aged 15 years, left the house of Arati Deori of Nemuguri, Dibrugarh on 14/10/2025 without informing anyone. After walking a bit from Nemuguri, she got one auto rickshaw and the auto driver left her at Dikom. Thereafter, a white colored auto driver of another auto found her and took her into the auto and handed her over to another auto driver at Tinsukia New Railway Station and asked him to board her in a train to Dholla. The said auto driver took her daughter to an isolated place and committed sexual assault on her first and then handed her over to other two auto drivers. The said two auto drivers also took her daughter to an isolated place and committed sexual assault on her and left her. While she was crying on the road, one other auto driver noticed her in the early hours of the morning and asked her as to what had happened. On knowing about the incident, he took her in his auto and took her near the Tinsukia Police Station and left her there after showing her the Tinkusia Police Station. Thereafter, her daughter appeared before the police station and informed the police that she had been subjected to rape. Hence the case.