Prince @ Amarbir Singh v. State Of Haryana
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Safidon, District Jind, Haryana 120-B, 313, 315, 34, 376, 376(2)(n), 376(2) (I) and 506 of Indian Penal Code, 1860 (for short 'IPC') and Sections 6 and 17 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') 1 2 " " -./ 3141141)#
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alleging therein that one Diya wife of Jai Singh was residing in her neighbourhood. She often used to visit her house. The present petitioner also used to visit the house of Diya. Diya had introduced the prosecutrix with the
petitioner and had also given his mobile phone number to the prosecutrix and her mobile number to the petitioner. They had started having conversation with each other on phone. About 4-5 months back, the petitioner called her in the godown existing in the backside of her house and committed rape upon her while extending threat to kill her, if she disclosed about the incident to anybody. She was ravished by him for 2-3 times again subsequently. She further alleged that the petitioner had made her talk to coaccused Mohit, who is his friend on phone and after sometime, the said Mohit also subjected her to forcible sexual intercourse in the godown during night time. She had become pregnant. When she disclosed about this fact to the petitioner, he got her consume some medicine.
She was compelled by the petitioner to have physical relations with the co-accused Nasib. She had suffered an abortion on 11.02.2023 on consuming the tablets which were given to her by the co-accused. Seeing her condition, her grand-mother had taken her to Government Hospital, wherein she had disclosed all the facts to her.
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As per the allegations, on the basis of her statement, FIR was registered. After registration of the FIR, investigation proceedings were initiated. The statement of the prosecutrix under Section 164 of Cr.P.C. was recorded. The co-accused Nasib was arrested on 01.03.2023. He was joined into investigation and suffered disclosure statement admitting his involvement in the act of subjecting the victim to rape and demarcated the place of occurrence. The co-accused Mohit was arrested on 14.05.2023 and he too suffered disclosure statement. The present petitioner was arrested on
02.09.2023 and he too was joined into investigation. He too suffered disclosure statement. After completion of necessary investigation and usual formalities, challan under Section 173 of Cr.P.C. was presented against the accused. Supplementary challan was presented against the present petitioner and presently, the petitioner alongwith co-accused is facing trial for offences punishable under Sections 376(1), 376(2)(n), 313 and 315 of IPC and Section 6 of POCSO Act. He had moved an application for grant of bail before the learned trial Court which was dismissed vide order dated 12.12.2023.
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