BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.212 dated 1.10.2018 at Police Station Daba, District Ludhiana under Section 376 Indian Penal Code and Section 12 of POCSO Act, 2012, wherein offence under Section 12 of POCSO Act was deleted and offence under Section 6 of POCSO Act was added later on.

(2.) The FIR was lodged at the instance of Sushila, mother of victim, wherein it has been alleged that on 30.9.2018 she alongwith her daughter, husband and son of Chander Banu had slept on one bed at about 10:00 P.M. as per their routine. However, at about 3:00 A.M. when she woke up, she found that her daughter was not on the bed. Later when she checked up the washroom, her daughter was not even found there. It is alleged that she heard some noise coming from across the wall when she was standing on the terrace. She saw that the petitioner was committing rape upon her daughter and that the trouser of her daughter as well as of the petitioner had been lowered. However, upon noticing the complainant, the petitioner fled away from the spot.

(3.) The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that the falsity of the case would be evident from the fact that while as per the FIR, the occurrence is stated to have taken place on 30.9.2018, but when the statement of the prosecutrix was recorded in terms of Section 164 Cr.P.C. (Annexure P-2), she disclosed that it was on 15.9.2018 that she had been raped by petitioner.