Gauhati High Court
Ferli Khasia Alias Ferli Mukhim vs The State Of Assam on 30 August, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010138432022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1965/2022
FERLI KHASIA ALIAS FERLI MUKHIM
S/O LATE BAWAN KHASIA
A RESIDENT OF VILL- KHASPUR
KHASIA PUNJI, GURUDAYALPUR
F.V., PIN- 788114, P.S. DHOLAI, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S D PURKAYASTHA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 30.08.2022 Heard Mr. SD Purkayastha, learned counsel appearing for the petitioner and Mr. RJ Baruah, learned Addl. Public Prosecutor for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Ferli Khasia apprehending his arrest, in connection with Kachudaram PS Page No.# 2/3 Case No. 105/2021 registered u/s 354C/341/376 of the IPC read with Section 4 of POCSO Act.
The Case diary, as called for, is placed before the Court.
The FIR reveals the allegation that the informant who is the sister-in-law of the petitioner inter-alia stated that on 24.10.2021, when the informant's elder sister's daughter went to forest for taking bath in spring, the petitioner restrained her daughter and forcefully raped her against her consent.
Medical report, dated 26.10.2021, shows that the age of the alleged victim girl is above 18 years and there is no evidence of injury on her person.
As per the Birth Certificate, dated 15.10.2009, the date of birth of the victim is 05.10.2004 and as such, her age on the date of occurrence, that is , on 24.10.2021 was 17 years 9 months.
A perusal of the statements of the victim girl recorded under Sections 161 and 164 CrPC, it appears that the petitioner is her uncle and she resided with his family. During the period of her stay, the petitioner allegedly blackmailed her by secretly recording of her changing of dress and then, threatening to make the video public, he committed sexual intercourse on several occasions, which she kept withheld from others. Ultimately, on 24.10.2021, as the petitioner again followed her, when she went to have bath in a spring, there too he forcibly committed sexual intercourse.
The petitioner has contended that dispute between the family of the petitioner and the victim, over share of property has been going on and in order to grab the petitioner's property, this false case has been lodged against him to make the family protection less and thereby to fulfil their evil design. The aforesaid plea has, of course, not come in the case diary.
However, having considered the above aspects of the case and the grounds cited in the application supported by affidavit, this Court is of the considered opinion that for a just disposal of the instant petition, the statement of the petitioner under Section 161 CrPC is of utmost necessary.
Accordingly, it is provided that in the event of arrest, the petitioner, namely Ferli Khasia shall be released on interim pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.40,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer within 7 days, failing Page No.# 3/3 which, on the 8th day, the interim anticipatory bail order shall automatically expire; and
(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
Return the case diary for resubmission updated after 3(three) weeks.
JUDGE Comparing Assistant