LAWS(P&H)-2017-10-10

MINTU Vs. STATE OF PUNJAB

Decided On October 27, 2017
Mintu Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner prays for bail pending trial in FIR No.346 dated 15.12.2016 under Sections 376/506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Basti Jodhewal, Ludhiana. The abovesaid FIR was lodged on the statement of the father of the alleged victim.

(2.) It is submitted that the petitioner, who is a 19 year old young man, has been falsely implicated in this case. In fact, the petitioner and the complainant's daughter had friendly relations. It is under the pressure of her parents that the victim suffered a statement under Section 164 Cr.P.C. against the petitioner. Learned counsel for the petitioner submits that the alleged victim has since testified before the learned trial court on 13.09.2017. She has not supported the prosecution version. She has been declared hostile and subjected to cross-examination by the prosecution. Therefore, no useful purpose would be served by keeping the petitioner incarcerated any longer in the facts and circumstances of the case. The present petitioner is not involved in any other criminal case. Therefore, this petition be allowed.

(3.) Certified copy of the victim's statement dated 13.09.2017, produced in Court today, is taken on record subject to just exceptions.