RYEAZ AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Sec. 439 of the Cr. P. C seeking bail in a case arising out of FIR No.60/2020 for offences under Sec. 363, 376, 109 of IPC and Sec. 4/17 POCSO Act registered with Police Station, Kangan.

(2.) As per the prosecution story, on 12/8/2020, father of the prosecutrix lodged a written report with the Police, alleging therein that on the said date at about 8.30 PM, co-accused Ghulam Hussain Naikoo, who was travelling on a motorcycle, called his daughter and thereafter forcibly made her to board his motorcycle whereafter she was kidnapped by the aforenamed accused. In the report it was submitted that the age of the prosecutrix is 13 years and that she has been taken away by the aforenamed accused to some undisclosed location.

(3.) On the basis of aforesaid report, the FIR came to be registered and investigation of the case was set into motion. During the investigation of the case, the prosecutrix was recovered from the custody of accused Ghulam Hussain Naikoo from a vacant house located at Village Hanjiwera. The aforenamed accused was arrested and the statement of the prosecutrix under Sec. 164 of the Cr. P. C was recorded. She was also subjected to medical examination.