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2019 Supreme(J&K) 220

TASHI RABSTAN
Naresh Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Mr. Achal Sharma, Advocate
For the Respondent: Mr. Amit Gupta, AAG

JUDGMENT :

Tashi Rabstan, J.

The applicant who is in judicial custody since 01.11.2018, has moved this application seeking grant of bail in case FIR No. 400/2018, registered by Police Station, Domana for allegedly committing the offense punishable under section 12 of Protection of Children from Sexual Offences Act (hereinafter to be referred as POCSO Act) and section 342 of Ranbir Penal Code (hereinafter to be referred as RPC).

2. The prosecution case in brief is that on 01.11.2018, the complainant namely Bharat Bhusan Raina along with his wife lodged a written report at P/S Domana stating therein that his daughter-presecutrix, 16 years old, is studying in St. Xavier School Barnai and the accused Naresh Singh always used to tease his daughter since 2016 and used abusive words to instigate her for illicit relations. Many times, the accused used to forcibly sit with his daughter in the Metador when she would go for tuition or school and always misbehaved with her due to which she felt ashamed. The parents of the accused were informed number of times about his activities and once they made apology in writing. On 28.10.2018, when his daughter went to School and alighted from the school va

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