BHIM SEN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 439 Cr.P.C. is for grant of regular bail to the petitioner during pendency of the trial in case FIR No.274 dtd. 8/12/2023 (Annexure P-1) registered under Ss. 363, 366-A, 376 and 342 IPC and Sec. 4 of POCSO Act, at Police Station Lambi, District Sri Muktsar Sahib.

(2.) The present FIR has been registered on the basis of statement of the complainant/father of the alleged victim, which reads as follows :-

(3.) Learned counsel for the petitioner, inter alia, submits that the allegations made in the FIR are false and fabricated. It is submitted that as per the testimony of the victim her date of birth is 7/7/2005. As such, on the date of incident i.e. 25/11/2023, she was more than 18 years of age. It is further submitted that the complainant has already been examined as PW1 and the victim as PW3. Their testimonies are on record as Annexures P-2 and P-3 respectively; and both these material witnesses have not supported the prosecution case and have turned hostile. The petitioner has been in custody for almost 09 months. Accordingly learned counsel for the petitioner prays for grant of regular bail to the petitioner.