Rinku Saikh Vs State Of Orissa

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Kuchinda P.S. case No. 257 of 2023 corresponding to Special G.R. Case No. 48 of 2023 registered under Section-376(2)(n)/376-AB/506 of IPC Read with Sec-6 of POCSO Act, pending in the Court of the learned Additional Sessions Judge-cum- Special Court (under POCSO Act), Sambalpur.

The prayer for bail of the petitioner has been rejected by order dated 13.12.2023 by the learned Addl. Sessions Judge-cum- Special Court (Under POCSO Act), Sambalpur.

The prosecution allegations in brief as per the FIR is that on 14. 11.2023 at about 7.30 a.m. when the informant had gone to the hospital along with her son, who was ill, the present petitioner who was working as labourer in the house, sexually assaulted the minor daughter of the informant. When her daughter said that she would complain to the informant, he threatened to kill her. When the informant found her daughter crying, questioned her, she told that the petitioner had done the same thing 4 to 5 times before. But she had not disclosed the incident to her mother as the petitioner had threatened to kill her if she did so.

Mr. D. K. Dora, learned counsel appearing on behalf of the petitioner submits that on account of dispute over the payment of the labour charges to the petitioner, there had been exchange of hot words between the petitioner and the informant, for which she has made false allegations against him. He further submits that investigation reveals that the minor daughter was not present in the house at the time of the occurrence.

Considering the nature of allegations against the petitioner and the age of the victim girl, I am not inclined to release the petitioner on bail. The BLAPL is accordingly dismissed.

Urgent certified copy of this order be granted on proper application.

…………………………………