moths is
missing. The Statement of Victim was recorded U/s 164 Cr.P.C on
08.02.2019. The Victim also disclosed ... Victim
disclosed in matriculation certificate of Victim "A".
Pertinently, the Victim has stated in her statement recorded U/s
1645
Indian Penal
Code.
Allegation is that the daughter of the informant went
to appear in the matriculation examination and after
Patna High Court CR. MISC ... case. The victim has been recovered. Her statement
under Section 164 of Cr.P.C. has been recorded. From perusal of
the statement made
under Sections 363 / 366-A of the Indian Penal Code pending in
the court of learned A.C.J.M., Rajmahal.
Learned counsel ... matriculation certificate, the victim was major. It is
further submitted that though victim in her statement under Section 161 Cr.P.C.
supported the prosecution
ORDER
This is the fifty repeat bail application under Section 439 of Cr.P.C on
the behalf of the applicant for grant of bail ... punishable under Sections 363 , 366 , 376 & 506-B of Indian Penal Code and
under Section 7 & 8 of Protection of Children From Sexual
appearance of the first respondent at the high school examination. The
1 “ IPC ”
2 “ POCSO Act ”
3 “JMFC”
4 “2000 Act”
2
3
certificate indicated ... Civil Lines, Satna
under sections 193 , 465 , 466 , 468 , and 471 of IPC against the first respondent
for intentionally using fabricated documents in judicial proceedings
taken note of the death of deceased registered case under Section 309 IPC
for abatement of suicide against the accused, for which proper trial ... years, but yet court below placing undue
reliance upon the matriculation certificate Ext.PW1/13 wrongly proceeded
to hold that at the time
IPC and Sections 4 , 17 and 21 of the
Protection of Children from Sexual Offences Act, 2012 (for short 'the
POCSO Act ') registered ... IPC and it has been concluded that the
commission of offence under Sections 363 , 366-A , 506 , 376 , 467 and 468
IPC
fact remains that although the victim had studied
upto 10th standard, the matriculation or equivalent certificate which
the Supreme Court has held ... POCSO Act cannot be sustained.
18. Coming to the offence under IPC , the possibility of P.W.2
being a consenting party cannot be ruled
accordance with entry of her date
of birth in her matriculation certificate. He submits that she remained in
the company of the petitioner for about ... medically examined and her statement was also recorded under
Section 164 Cr.P.C. He submits that the prosecutrix/victim made specific
allegations against
brought to Mandi Gobindgarh,
with her age having been verified from her
matriculation certificate.
Consequently, FIR no.157, dated
20.04.2018, had been registered at Police ... offences punishable under Sections 344 , 363 ,
366-A , 376(2) of the IPC, as also Section 3 / 4 / 7 / 8
of the POCSO
