DIWANSHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.121 dated 02.05.2019 registered under Sections 363 , 34 IPC and 4 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Ateli, District Mahendergarh.

(2.) Counsel for the petitioner has argued that as per the allegations in the FIR, the complainant has alleged that his son aged about 11 years, who was studying in 6th standard, was enticed away by the petitioner along with 02 other accused namely Vasudev and Rahul near the forest in the village and they committed bad act with his son. It is further submitted that, in fact, on account of a complaint filed under Sections 499 , 500 , 501 , 120-B IPC, by Sushila Devi, mother of the petitioner against the complainant party and Bachna Devi, Sarpanch in which they were summoned by the trial Court and the petitioner has been involved in the case as a counter-blast to the same.

(3.) Counsel for the petitioner has placed on record the certified copy of the statement of the complainant, who has appeared as Witness No.01 wherein he has not stated anything about the bad act committed by three accused persons and this witness was declared hostile by the Public Prosecutor and he was, thereafter, cross-examined and in his cross-examination, he has even denied making a complaint against the petitioner as stated in the FIR.