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2021 Supreme(P&H) 1514

JAISHREE THAKUR
Rakesh @ Moni – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Rajesh Khandelwal, Advocate for the Appellant; Mr. Dhruv Sihag, AAG, Haryana, for the Respondent

JUDGMENT

Jaishree Thakur, J. - The petitioner has approached this High Court under section 439 Cr.P.C. along with Section 482 Cr. P.C being aggrieved against the order 11.6.2021 passed by the Additional Sessions Judge, Hisar by which the application for default bail has been dismissed.

2. In brief the facts are that the petitioner herein was nominated as an accused in FIR No. 64 dated 21.10.2020 under section 328, 363, 366A, 376, and 506 IPC 1860 read with Section 6 of the POCSO Act 2012 (Sections 376D, 420, and 201 IPC and Section 67-B I.T. Act added later on) registered at Women Police Station, Hansi. It was alleged that the daughter of the complainant had been enticed by two boys namely Sunil and Moni and taken away in a car to an unknown place, where after consuming liquor she was raped. When she woke up she found herself without any clothes. The incident complained of was 40 days ago. In the FIR it was alleged that both the boys were daily threatening her daughter as they had video and photos of her daughter, apart from threatening to kill the prosecutrix’s younger brother if she failed to listen to them. As the prosecutrix was a minor, strict action was sought against the accus

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