High CourtsSingle Bench

Santosh Kumar Sao vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 26 February 2018 · Citation: (2018) 02 CHH CK 0420

HON’BLE JUDGES
P. Sam Koshy, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376, 511 · Code Of Criminal Procedure, 1973 — Section 439 · Protection Of Children From Sexual Offences Act, 2012 — Section 6, 8
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1481 Of 2018
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Judgment

14 paragraphs · 233 words

P. Sam Koshy, J

1.

The applicant has preferred this bail application under Section 439 Cr.P.C. in connection with Crime No.43/2017 registered at Police Station

Pushor, District Raigarh (C.G.) for the offence punishable under Sections 376 and 511 of IPC and Sections 6, 8 of Protection of Children from Sexual

Offences Act, 2012.

2.

The present is the repeat bail application. The earlier bail application filed by the applicant stood dismissed on 14/06/2017 with liberty to revive the

same after examination of the prosecutrix.

3.

Present bail application now has been filed after the prosecutrix has been examined.

4.

Perusal of record would show that, the prosecutrix infact has supported the case of the prosecution during the course of her evidence before the

trial Court.

5.

Though, the contention of the counsel for the applicant is that, there are many contradictions and omissions in the statement of the prosecutrix and

that it is a false case levelled against the applicant, but considering the fact that she has supported the case of the prosecution and taking into

consideration the fact that, she is a 12 years old minor, this Court is of the opinion that no case for grant of bail is made out at this juncture and the

same is accordingly rejected.

6.

However, it is expected that the Trial Court should make all endeavors for conclusion of the Trial at the earliest.