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    AssamSpecialJudge-206800000472022 3

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    adarshiyer
    Assam Soecial Judge on POCSO

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    AssamSpecialJudge-206800000472022 3

    Uploaded by

    adarshiyer
    1 views3 pages
    Assam Soecial Judge on POCSO

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    AssamSpecialJudge-206800000472022_3

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    Assam Soecial Judge on POCSO

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1 views3 pages

    AssamSpecialJudge-206800000472022 3

    Uploaded by

    adarshiyer
    Assam Soecial Judge on POCSO

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    1

    Assam Schedule VII, Form No. 143


    High Court Form No. (J) 13
    ORDER SHEET
    DISTRICT:- MORIGAON
    IN THE COURT OF SPECIAL JUDGE (POCSO), MORIGAON
    Bail Application No. 47/2022
    (in connection with Morigaon P.S. Case No. 647/2020)
    Versus
    Sl. no.
    of Date Order Signature
    orders

    Present: Sri A.K. Basfor, A.J.S.


    Special Judge (POCSO), Morigaon.

    10-02-2022 The learned advocate for the accused petitioner


    is present.
    Call for case diary is received along with the
    charge-sheet.
    I have heard both sides on the bail petition filed
    by accused petitioner Smti. Lukumoni Das @ Maina
    Das u/s 438 of Cr.P.C. praying for granting anticipatory
    bail in connection with Morigaon P.S. Case No.
    647/2020 u/s 376(B) of I.P.C., r/w section 4 of POCSO
    Act.
    The learned advocate for the accused has
    submitted that accused Smti. Lukumono Das @ Mainu
    Das is not F.I.R. named accused and she is innocent
    and she did not commit any such offence as alleged in
    the case.
    Per contra, the learned Special P.P. has objected
    the bail petition and has submitted that the I.O. after
    completion of investigation has submitted charge-sheet
    Contd….
    2

    Contd…
    against accused Sri Riju Moni Das @ Maju for
    10-02-2022
    committing the offence u/s 376(3) of I.P.C., r/w
    section 4 of POCSO Act. Further the I.O. has also
    submitted the charge-sheet against the absconder
    accused Lokumoni Das @ Mainu Das for committing
    the offence u/s 120(B) of I.P.C. and hence, the bail
    petition is liable to be rejected.
    I have considered the submissions of both sides.
    Be it mentioned that case diary carries copy of
    order dated 05.11.2020 passed by learned Sessions
    Judge, Morigaon in connection with this case in Bail
    Application No. 656/2020 which was filed by present
    accused petitioner Smti. Lukumoni Das @ Maina and
    the learned Sessions Judge vide said order dated
    05.11.2020 after going through the case diary and on
    considering the statement of victim u/s 161 and 164 of
    Cr.P.C having found incriminating materials against the
    present accused petitioner has rejected the
    anticipatory bail petition. Hence, ex-facie, the instant
    bail application u/s 438 of Cr.P.C. is liable to be
    rejected.
    From the statement of victim u/s 164 Cr.P.C. it
    reveals that accused Maina Das had abetted her
    husband Sri Riju Moni Das in committing penetrative
    sexual assault upon the victim in their bed at night
    which she, i.e., Maina Das could have avoided. Contd…
    3

    Contd…
    Considering the above aspects of matter and
    10-02-2022
    having found sufficient incriminating materials against
    the present accused petitioner, I do not find it a fit
    case to allow the anticipatory bail as prayed for.
    The petition being devoid of merit stands
    rejected and disposed of accordingly.
    Dictated

    Special Judge (POCSO),


    Morigaon, Assam

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