Abhishek vs State Of Uttarakhand - 2024 Supreme(UK) 428

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2024 Supreme(UK) 428

RAVINDRA MAITHANI
Abhishek – Appellant
Versus
State Of Uttarakhand – Respondent

Advocates Appeared:
For the Applicant :Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Chetna Latwal, Advocate.
For the Respondent: Ms. Manisha Rana Singh, A.G.A.

JUDGMENT :

(Ravindra Maithani, J.) :

Applicant Abhishek is in judicial custody in Case Crime No.1063 of 2021, under Sections 376 AB, 506 IPC and Section 5(m)/6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali Manglaur, District Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 26.11.2021, at 1:30 PM, the applicant dragged a young girl of 7 years of age and raped her.

4. Learned Senior counsel appearing for the applicant would submit that the applicant has been falsely implicated; on the date when the incident happened, the applicant was working in his establishment; he has got the attendance register of the establishment, which shows that at 9:00 AM, he entered into the premises and left it at 5:00 in the evening. It is argued that this fact has not been controverted by the State.

5. Learned Senior Counsel would also make the following submissions:-

(i) The victim is a young girl of 7 years of age. There are chances of her tutoring.

(ii) The medical examination does not support the prosecution case. Had the victim been dragged in the sugarcane field and raped,

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