The Gauhati High Court rejected a bail application filed by two accused persons in a gang rape case involving a 13-year-old minor under Sections 376/376D IPC and POCSO Act, emphasizing the aggravated nature of the offence.
Bail application rejected; accused remains in custody.
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GAHC010255902019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 3242/2019
1:BAJURUDDIN AND ANR. S/O- MD. OMAR SIKDAR, VILLAGE- CHOUTARA, P.S. CHHAYGAON, DISTRICT- KAMRUP, (ASSAM).
2: MD. ABDUL MALEK S/O- MD. HAZARAT ALI VILLAGE- CHOUTARA P.S. CHHAYGAON DISTRICT- KAMRUP (ASSAM)
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 22-11-2019
By this application under Section 439 CrPC, petitioners, namely, Md Bajuruddin and Md Abdul Malek, who are in custody since 02.10.2019, have prayed for releasing them on bail in connection with Chhaygaon PS Case No. 906/2019, under Sections 376 (3)/376 DA IPC, read with Section 4 of the POCSO Act.
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Heard the learned counsel for the sides.
Also Perused the record and Case Diary.
It reflects from the FIR as well as the statement of the victim that the victim is a minor girl of 13 years and she was subjected to gang rape by four accused persons and the present two petitioners are out of them only. There was forcible abduction as well as commission of rape upon the victim girl, which has aggravated the offence.
Bail Application is accordingly, rejected.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail can be granted in a gang rape case involving a minor under Sections 376/376D IPC and POCSO Act where forcible abduction was committed.
2 provisions across 2 enactments
Md. Bajuruddin and Anr.
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
