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Judgment
Heard learned counsel for the petitioners and learned counsel appearing for the State.
The petitioners are accused in connection with Lawalong P.S. Case No. 18 of 2020, registered for the offences punishable under sections 376D, 504, and 506 of the Indian Penal Code and under sections 4 & 8 of POCSO Act.
It has been alleged that the informant had gone to attend the marriage ceremony and at 10 pm when she had gone to ease herself the accused persons had forcibly taken her to the jungle and committed rape upon her.
Learned counsel for the petitioners has stated that an improbable story has been created by the informant and in fact the informant was found in a compromising position with another person and since the petitioners had raised alarm they have been falsely implicated. Learned counsel further submits that the petitioner are from a different village and, therefore, it was not possible for the informant to have given the details of their name in the FIR. It has further been submitted that the FIR was instituted after 24 hours and even after the commission of rape she had come back but had never disclosed about the commission of rape immediately. Learned counsel has also stated that there is no medical report on record and it does not appear that the informant had suffered any external injuries.
Learned Spl.P.P. opposed the prayer for bail of the petitioners and has also referred to the impugned order which reveals about the lax attitude of hospital authorities in medically examining the victim.
On consideration of the submissions advanced by the learned counsel for the respective parties it appears that the petitioners have been named in the FIR as the perpetrators of the offence in which a minor girl was subjected to gang rape by the petitioners.
Regard being had to the nature of allegations, I am not inclined to grant the bail to the petitioners.
This application, accordingly, stands rejected.