Shaik Hussain v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR CRIMINAL PETITION No.1874 of 2019 ORDER:

The petitioner is accused No.1 in Crime No.17 of 2019 on the file of Ichoda Police Station, Adilabad District, which was registered under Sections 366-A, 376(2)(n) and 109 I.P.C. read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The earlier bail petitions filed by the petitioner were dismissed. The learned I Additional District and Sessions Judge, Adialabad, dismissed Crl.M.P.No.142 of 2019 in Crime No.17 of 2019 on the file of Ichoda Police Station on 26.02.2019 and thereafter, this Court dismissed Crl.P.No.1443 of 2019 by way of the order dated 19.3.2019.

Learned Additional Public Prosecutor would inform this Court that the investigation is not yet completed.

Further the facts of the case would demonstrate that though the victim is stated to have been 17 years of age, there was no volition on her part, prima facie, to infer that she went with the petitioner consensually.

Given the seriousness of the charge levelled against the petitioner and as there are no changed circumstances since the dismissal of the earlier bail petition, this Court finds no grounds to allow this petition.

The Criminal Petition is accordingly dismissed. ______________________ JUSTICE SANJAY KUMAR 15th April, 2019 DR