ANTHONY RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The instant application has been filed by the Petitioner under Section 439 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.) seeking enlargement on bail. The Petitioner, aged about 23 years was arrested in connection with the Sadar P.S. FIR No.112/2020, dated, 10-07-2020, under Section 376 of the Indian Penal Code, 1860 (for short, 'IPC'), read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act, 2012').

(2.) Learned Counsel for the Petitioner submits that the Petitioner has been falsely implicated in the instant matter for allegedly committing the offence under Section 376 of the IPC read with Section 4 of the POCSO Act, 2012, on the victim alleged to be about 16 years old. That, in fact, although it has not been averred in the Petition inadvertently, however the accused and the victim were friends and the victim had of her own free will gone to the house of the accused where the offence is alleged to have been committed but is not supported by the medical evidence which in fact reveals lack of injuries on the person of the victim and on her genitals as well. That, the Section 161 Cr.P.C. statement and Section 164 Cr.P.C. statements of the victim differ from each other rendering the Prosecution case suspect. It is urged that the Petitioner is a taxi driver and plies a taxi for his livelihood on which his family comprising amongst others of aged and ailing parents are dependent as he is the only breadwinner. That, due to the false allegation resulting in his incarceration his parents are suffering. The Petitioner undertakes not to tamper with evidence or to abscond if enlarged on bail and is willing to abide by any conditions imposed by this Court should this Court be so inclined to grant Bail . That, in the facts and circumstances of the case, the Petitioner may be set at liberty.

(3.) Objecting to the prayers for bail, Learned Additional Public Prosecutor submits that the victim is 16 years of age having been born on 13-12-2004, as per the Birth Certificate seized by the Investigating Officer (I.O.) of the case. That, the offence is a heinous offence committed on a minor by a 23 year old adult. That, the Charge-Sheet has already been filed and trial is yet to commence. Should the accused be enlarged on bail at this stage in all likelihood he will influence the victim and other Prosecution witnesses and thereby set to naught the Prosecution case, hence the Petition for Bail deserves to be rejected.