BUNTY @ KRISHAN. Vs. STATE OF HARYANA.

JUDGEMENT

(1.) Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.386 dated 09.09.2018 under Sections 363, 366-A, 506 and 376-D IPC and Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act) registered at Police Station Kurukshetra University, Kurukshetra.

(2.) Learned counsel for the petitioner has argued that, in fact, the petitioner and the prosecutrix had love affair having same feelings. They are of the same age group. The FIR has been registered against the petitioner for the reason that the parents of prosecutrix did not like this love affair and, therefore, they have caused grievous injuries to the petitioner for which an FIR No.261 dated 27.08.2018 under Sections 323, 324,325, 326 and 341 read with Section 34 IPC (Annexure P-2) was registered at Police Station Narnaund and the offence under Section 307 IPC was also added in the case. He refers to the photographs (Annexure P-3) attached with the petition.

(3.) He further states that not only there is a grievous injury on the head of the petitioner, rather, his one index finger has been amputated. The petitioner is in custody since 08.10.2018 and the prosecutrix is not coming forward to depose in the case, despite the fact that the case was fixed for recording prosecution evidence on 23.09.2019 and thereafter on 09.10.2019. The sole purpose for non-appearance of the prosecutrix is to delay the proceedings so that the petitioner remains inside in the jail and the matter can be compromised.