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2022 Supreme(Manipur) 80

M. V. MURALIDARAN
Abujam Tombisana Singh – Appellant
Versus
State of Manipur – Respondent


Advocates appeared:
Mr. L. Seityandra, Advocate, for the Petitioner; Mr. H. Samarjit, PP, for the Respondents

JUDGMENT

1. This petition has been filed by the petitioner under Section 439 Cr.P.C to enlarge him on bail in connection with the Special Trial (POCSO) Case No. 68 of 2020 pending on the file of the Fast Track Special Court No 1, Manipur.

2. The case of the prosecution is that on 29.8.2018, the complainant, father of the victim, lodged a complaint with the Officer-in-Charge of Wangoi Police Station stating that his daughter, aged 15 years, was staying at the Boarding and Coaching Centre at Samurou Awang Leikai for her preparation of HSLC Examination, 2018. The said Boarding and Coaching Centre was run by the petitioner/accused, who is also the uncle of the complainant. While the victim was staying at the said Boarding and Coaching Centre, on 13.3.2018 at about 3.30 a.m., the accused raped the victim many times by threatening her that he will make her fail the HSLC Examination. The accused also threatened the victim not to disclose the act committed by him. Based on the said complaint, the respondent police registered an FIR bearing No.43(8)2018 under Section 506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), up

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