AQIB AHMAD PINCHOO 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.70/2021 for offences under Ss. 363, 376 IPC and 4 POCSO Act registered with Police Station, Soura, Srinagar.

(2.) As per the prosecution case, on 6/7/2021, father of the prosecutrix lodged a written report with Police Station, Soura, alleging therein that on the said date in the afternoon, his daughter (hereinafter referred to as the prosecutrix) left her house but did not return. It was further submitted that she had been kidnapped by the petitioner herein by enticing her to go with him. The age of the prosecutrix was stated to be 16 years. It was also reported that the prosecutrix had taken with her cash and jewellery. On the basis of this report, the FIR came to be registered and investigation was set into motion.

(3.) During the course investigation, the prosecutrix was recovered from the custody of the petitioner from a place called Bemina Chowk and the petitioner was arrested. The prosecutrix was subjected to medical examination and her statement under Sec. 164 of the Cr. P. C was also recorded. After investigation of the case, offences under Sec. 363, 376 IPC and Sec. 4 POCSO Act were found established against the petitioner and the challan was, accordingly, laid before the trial court.