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2022 Supreme(J&K) 745

SANJAY DHAR
Abid Hussain Mir – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: I.A. Parray.
For the Respondents: Sajad Ashraf, Asif Padroo.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has invoked the jurisdiction of this Court under section 439 of the Cr.P.C. seeking bail in a case arising out of FIR No. 143/2019 for offences under section 376, 506 RPC and 4 POCSO Act registered with Police Station, Qazigund.

2. As per the prosecution case, on 22.06.2019, father of the prosecutrix lodged a written report with Police Station, Qazigund, alleging therein that his wife has passed away a few years ago whereas one of his sons is mentally sick and his other two sons are away from home in connection with studies. It was alleged in the report that the petitioner, in his absence, would enter his house for the last one year and would commit sexual intercourse with his minor daughter after extending threats to her. According to the report, the prosecutrix did not narrate the incident to anybody because of these threats. On the basis of this report, the FIR came to be registered and investigation was set into motion. During the investigation, medical checkup of the prosecutrix was conducted and it was found that she was pregnant by eight months. The statements of the prosecution witnesses were recorded and the statement of the prosec

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