MD. ABDUL KALAM Vs. OFFICER-IN-CHARGE, WOMEN POLICE STATION

JUDGEMENT

(1.) These bail applications have been filed by fathers of the accused Md. Noor Mohhamad and Md. Salim Khan under Section 439 Cr.P.C. seeking to enlarge them on bail in connection with FIR No.28(9)2020 on the file of the Women Police Station, Imphal West registered under Section 6 of the POCSO Act and under Sections 307/325 IPC read with Section 302 IPC.

(2.) The case of the prosecution is that on 2.9.2020 at about 11.00 a.m., the complainant lodged a complaint before the Officer-in- Charge of Women Police Station, Imphal West stating that on 1.9.2020 at around 8.00 a.m., his niece went out from her home and did not return back. They searched for the victim that night, but could not find her and they thought that she might have eloped. However, on the next day, they got information from locals who visited the field that they had found the victim lying unconscious at Irong Yendao Palli Mapoal with multiple bruises and seemed to be sexually assaulted by unknown persons. On receipt of the complaint, the Officer-in-Charge registered the FIR No.28(9)2020 and commenced the investigation. Unfortunately, on 3.9.2020 at about 2.05 p.m., the victim girl expired. The investigating Officer arrested the accused and remanded them to judicial custody. After Completion of the investigation, Charge sheet for the commission of the offence under Section 6 of the POCSO act and under Sections 307, 325 IPC read with Section 302, 120B, 34 IPC read with Section 107 IPC was filed against the accused.

(3.) The learned senior counsel for the petitioners submitted that the accused Md. Noor Mohhamad and Md. Salim Khan are innocent and have been falsely implicated in the alleged Crime. He would submit that the allegation against the accused Md. Noor Mohhamad and Md. Salim Khan is that Phusam Souda, the elder sister of the victim, had stated that the victim had disclosed that four persons were involved in the said incident and the accused Md. Noor Mohhamad and Md. Salim Khan and others were seen by the locals during the night of the incident near the spot, whereas Dr.Yumnam Arunkumar, Dr.Mohammad Kamalluddin Vahrott, Lourembam (N) Khangembam (O) Selvia Devi and Thamangjam Binod in their 161 Cr.P.C statements stated that the victim girl had disclosed them that only the accused Maja Khan tried to kill her.