Deshetti Dayakar v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8095 of 2018 ORDER :

This criminal petition filed under Sections 437 and 439 Cr.P.C. by the petitioner/accused in Crime No.143 of 2016 of Thondangi Police Station, East Godavari District, registered for the offences under Sections 366, 376(i) IPC and Section 3 read with 4 of the Protection of Children from Sexual Offences Act, 2012. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State and perused the entire material on record.

3.

There is nothing to show even from the bail application averments that the victim is not minor. Even the de facto complainant's report and the statement shows she is minor even at the alleged occurrence dated 21.04.2018 and prior. Once such is the case, the contention that she has given consent is immaterial. Thereby, once there is an offence of rape in luring her under the pretence of marriage, that too minor and had sexual intercourse, the petitioner/accused is not entitled to the concession of bail, but for in the event of filing of final report early trial. 4.

Accordingly, the criminal petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 8th August 2018.

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