Sharanjit Singh v. State Of Punjab
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3.
Learned counsel for petitioner argued that there is delay of 11 days in lodging the FIR. The complainant alleged that the accused was making an attempt to rape her daughter, therefore, no offence under Section 376 of IPC or under Sections 4 & 6 of POCSO Act is made out. Facts of the case indicate that the victim left the room with her sweet will. Petitioner was arrested on 30.04.2024 and till date, he is behind the bars. Statement of alleged victim has been recorded as PW-3. Statements of complainant as well as nephew of the complainant are also recorded as PW-1 and PW-2 which are placed on record as Annexure P-4. All material witnesses have been recorded. He is ready to face the trial. Therefore, his regular bail petition may be allowed. 4.
Bail petition is opposed by learned counsel representing State. Detailed status report has been filed confirming the facts stated in the FIR. It is pointed out that the statement of victim was recorded under Section 164 of Cr.P.C. on 01.5.2024. She was medically examined. On competition of investigation, challan was presented on 30.07.2024 and after
framing of chargesheet, 03 prosecution witnesses have been examined. The allegations against the present petitioner are specific and serious in nature. Therefore, he does not deserve to be released on bail. 5.
I have considered the arguments and have gone through the record. The facts of the case indicate that victim is a young girl of 15 years of age. In the light of this, consent of the victim does not carry any weight. It is matter of record that the statements of victim, complainant and cousin of the victim have been recorded (Annexure P-4) where they have fully supported the allegations levelled against the petitioner. There are specific serious allegations of repeated rape against the present petitioner. Therefore, in the light of this, I do not find it appropriate to release the petitioner on bail and his regular bail petition is accordingly declined. 6.
Pending miscellaneous application(s), if any, stand disposed of accordingly as well.
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