SHONKI LAL Vs. UNION TERRITORY OF JAMMU

JUDGEMENT

(1.) The petitioner has filed the instant application under Sec. 439 of the Code of Criminal Procedure seeking bail in a case arising out of FIR No. 100/2023 for offences under Ss. 376/511, 354, 354-B, 354-C IPC and Sec. 8 of POCSO Act registered with Police Station, Billawar, Kathua.

(2.) The facts leading to filing of present bail application are that the complainant, who happens to be the father of the victim, lodged a report with the Police Station, Billawar alleging therein that on 9/7/2023, he alongwith his daughter had gone to attend the marriage ceremony in their mohallah. He further alleged that the petitioner, who was working as a driver with Bus No/JK02AX- 5083 had come over there with the Barat. It was further alleged that when the victim went behind the tent for urination, the petitioner who was waiting over there carried the victim to a field alongwith him. It was further alleged in the report that when the complainant could not find her daughter, he went out to search for her and found her in the field without cloths on her body. The victim told the complainant that she had been taken away by the petitioner to the field and thereafter, he had torn apart her apparels and tried to commit rape upon her.

(3.) On the basis of the aforesaid report, FIR No. 100/2023 for commission of offences under Ss. 376/511, 354, 354-B, 354-C IPC and Sec. 8 of POCSO Act came to be registered and investigation was set into motion. During investigation of the case, the statement of the victim under Sec. 164 Cr. P.C. was also recorded.