LEISHANGTHEM KHOMEI SINGH Vs. STATE OF MANIPUR
LAWS(MANIP)-2021-3-14
HIGH COURT OF MANIPUR
Decided on March 12,2021

Leishangthem Khomei Singh Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) This petition has been filed by the petitioner under Section 439 of Cr.P.C. read with Section 482 of Cr.P.C. for a direction to release the petitioner/accused on bail in connection with the Special Trial (POCSO) Case No.9 of 2019 pending on the file of Fast Track Special Court No.2, Manipur.
(2.) The case of the prosecution is that on 30.12.2018, the mother of the victim child lodged a complaint before the Women Police Station, Imphai East to the effect that on 19.12.2018 at about 5.00 pm, the victim child was sexually assaulted by the accused at the place near the store room of her house. It is also alleged in the complaint that the victim child was threatened to be killed, if the incident was disclosed to her family members.
(3.) According to the prosecution, the victim child disclosed the said occurrence to her mother on 29.12.2018 and on 30.12.2018, the mother of the victim child lodged the complaint. After registering the FIR, the investigating officer visited the occurrence spot and recorded the statement of witnesses. The investigating officer arrested Sunil Singh, son of the present accused, and later he was released on bail. The statement of the victim child was recorded under Section 164 Cr.P.C. by the Chief Judicial Magistrate, Imphal East. Upon arrest of the present accused and after completion of the investigation, the investigating officer filed the charge sheet against the present accused under Section 6 of the POCSO Act, while another accused was discharged from the case.;


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