Barkat v. State Of Haryana
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26.12.2021 Ferozepur Jhirka, District Nuh 363, 366-A of Indian Penal Code, 1860 (for short 'IPC') and Sections 365, 506 read with Section 34 of IPC and Section 6 of POCSO Act, 2012 added later on and 366-A IPC has been deleted 2 $ $
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$ alleging therein that on the night of 22.12.2021, he was watering his fields, when accused Wasim son of Jamaludin along with three youths entered inside his house and tried to take away the victim 'R'
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victim but by assaulting the wife and minor son of the complainant, they managed to kidnap the victim. He also recorded that he had contacted the family members of the abovesaid Wasim and panchayat meetings were also convened but the family members of the Wasim refused to join the panchayat meetings and then he had come to report the matter to the police. Initially, a case under Sections 365, 366-A and 506 read with Section 34 of IPC and Section 4 of POCSO Act was registered. Investigation proceedings were initiated. During investigation, the victim was recovered on 28.12.2021. She was medically examined. Offence under Section 6 of POCSO Act was added and offence under Section 366-A of IPC was deleted. The statement of the victim under Section 164 of Cr.P.C. was recorded on 29.12.
2021, wherein she took the name of the present petitioner as well as above-named Wasim and one Jaikam as the persons who had ravished her. The present petitioner was arrested on 03.09.2022. He suffered disclosure statement admitting his involvement in the subject crime and demarcated the place of occurrence where he had ravished the victim. Accused Wasim and Jaikam were found to be innocent. After completion of necessary investigation and usual formalities, challan stands presented against the present petitioner and now he is facing trial for commission of aforementioned offences. He had moved an application for grant of regular bail before the learned trial Court which had been dismissed vide order dated 09.10.2023.
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