Criminal court dismissed a bail application under Sections 437 and 439 CrPC for an accused charged with offences under Sections 366(A), 376(i) IPC and POCSO against a 15-year-old victim, refusing enlargement due to the gravity of the offence and pending investigation.
Bail application dismissed.
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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
CRIMINAL PETITION No.15943 of 2014
ORDER :
The petitioner, who is the sole accused in Crime No.159 of 2014 of Kalla Police Station, West Godavari District, filed the present application under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in the above crime, registered for the offences punishable under Sections 366(A) and 376(i) I.P.C. and Sections 4 and 8 of Prevention of Children from Sexual Offences Act, 2012.
The case of the prosecution is that on 08-11-2014 at about 10 a.m. the informant, who is father of the victim girl, lodged a report stating that his daughter, who is aged about 15 years, left home along with the petitioner. Though they tried to trace her, but their efforts went in vain. Basing on the said report, the above case came to be registered. On 18-11-2014, the victim girl was produced by her father before the Station House Officer, Kalla Police Station, who after examining the girl, altered the sections of law.
The investigation done so far discloses that the victim girl, who is aged about 15 years, used to go for coolie work. About four months prior to the date of incident, the victim girl was sent to Gondi village where the accused was working as mason. Both of them developed acquaintance with each other and thought of a marriage. After completion of the work, both of them went back to their respective villages. On 04-11-2014, while the victim girl was alone in her house, the accused came there, enjoyed her sexually and induced her stating that he would marry her. Believing the said version, the victim proceeded along with the accused to Vijayawada where both of them stayed in a room as wife and husband. As she was weeping, the accused took her to Bhimavaram, left her there and then absconded from the said place.
Heard the learned counsel for the petitioner/accused and learned Public Prosecutor appearing for the respondent-State.
Learned counsel for the petitioner mainly submits that at time of the alleged incident, the victim girl was above 15 years and as she wanted to marry the accused and as such, she left the house on her own will.
Learned Public Prosecutor opposed the application contending that since the age of the victim girl is about 15 years, even accepting the contention that the victim girl was a consenting party, still it would be an offence under Section 376 I.P.C.
A perusal of the material placed before the Court would show that the victim was a minor as on the date of commission of the offence. The averments in the report and the statement of victim disclose that the petitioner made her believe that he is a bachelor and with a promise to marry her cohabitated with her. Even assuming for the sake of argument that she was a consenting party, still ingredients constituting an offence of rape are made out as the victim was 15 years on the date of incident. Though the petitioner is in jail from November, 2014, but as the offence alleged is grave and serious in nature punishable with death or imprisonment for life and as the investigation is still pending, I am not inclined to grant bail to the petitioner at this stage.
Accordingly, the Criminal Petition is dismissed.
____________________ C.PRAVEEN KUMAR, J.
20.01.2015 gkv
1 issue framed by the court
Whether bail should be granted to a repeat accused in a grave and serious offence involving a minor,
3 provisions across 3 enactments
THE PETITIONER
THE RESPONDENT-STATE
C.PRAVEEN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
