ABID HUSSAIN MIR 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.143/2019 for offences under Sec. 376, 506 RPC and 4 POCSO Act registered with Police Station, Qazigund.

(2.) As per the prosecution case, on 22/6/2019, father of the prosecutrix lodged a written report with Police Station, Qazigund, alleging therein that his wife has passed away a few years ago whereas one of his sons is mentally sick and his other two sons are away from home in connection with studies. It was alleged in the report that the petitioner, in his absence, would enter his house for the last one year and would commit sexual intercourse with his minor daughter after extending threats to her. According to the report, the prosecutrix did not narrate the incident to anybody because of these threats. On the basis of this report, the FIR came to be registered and investigation was set into motion. During the investigation, medical checkup of the prosecutrix was conducted and it was found that she was pregnant by eight months. The statements of the prosecution witnesses were recorded and the statement of the prosecutrix under Sec. 164 of the Cr. P. C was also recorded. After investigation of the case, offences under Sec. 376, 506 RPC and 4 POCSO Act were found established against the petitioner and he was taken into custody, whereafter challan was laid before the court. During investigation of the case, the prosecutrix gave birth to a child.

(3.) It appears that the petitioner had approached the trial court for grant of bail but the same has been rejected by the trial court vide its order dtd. 3/8/2021. The record of the trial court reveals that the charges against the petitioner stand framed on 15/10/2019 and statements of as many as five witnesses, out of seven witnesses cited in the challan, have been recorded.