SAMIR J. DAVE
Fakirmamad Hushenbhai Sumbhaniya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule. Learned App waives service of notice of Rule for and on behalf of Respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.11185008220005 of 2022 with Vadinar marine Police Station, District Devbhumi Dwarka for the offences punishable under Sections 354(A) 1, 354(B) and 506(2) of the Indian Penal Code read with sections 8, 12, 18 of the Protection of Children from Sexual Offences Act, 2012.
3. The brief facts of the present case are as under:
3.1 That on 20.01.2022, at about 11:00 am in the morning when the complainant alongwith her family returned to their home from village Sikka, she found that her husband – accused is present in the house. Thereafter, the complainant went to the adjacent house of her sister-in-law Fatma and her children were playing in the market and at that time, she heard the voice of the victim who is aged 12 years and 7 months only was shouting and coming out from the house and upon asking the victim that why she was shouting, the vi
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