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An Uttar Pradesh court recently rejected the bail plea of Man named “Osama”, accused of raping and sexually assaulting a 14-year-old girl. The court found that prima facie, Osama has raped the minor girl.

Special Judge (POCSO), Bulandshahar, Pallavi Agarwal was hearing Osama’s bail plea in which he argued that the case was falsely made up to harass him.  However, Court rejected the contention that it was a conspiracy against Osama & family.

Court noted that in her statement under section 161, Cr.P.C the minor victim had stated that Osama and his friends took her to a hotel deceptively and intoxicated her before raping. She had added that when she woke up in the hotel room, she had no clothes on her body, therefore, she started screaming.

She had said that when she pleaded before Osama multiple times to let her go, only then he left her near her home threatening her that if she tells anybody about the incident, he will kill her family.

Matter in Brief

One Khaleek got an FIR registered stating that his family members were familiar with Raja Pehalwan (Osama’s father) and his family as they used to visit his house. He had said that many times Osama had visited his house with his friends namely, Adnan, Ubaish, Talib.

Khaleek had alleged that on July 29, 2021 at around 3 pm. his daughter went to the marketplace for purchasing vegetables, where she met Pehlawan’s wife and other son, Danish.

He had stated that his daughter was got indulged into talks by Pehalwan's wife when Osama came in a car with his friends and took his daughter to a hotel in the pretext of having an ice-cream. He had further alleged that Osama and his friends made his daughter drink cold-drink which intoxicated her. Thereafter, Osama and his friends raped her multiple times, he had alleged.

He had alleged in the FIR that when his daughter threatened to scream only then Osama left her around 8 pm near her home telling her not to tell anybody about the crime otherwise he'll murder her family members. However, went the girl reached home at around 9 pm crying, she told about the incident and he got the FIR registered. 

Court's decision

Court noted that from the records it appears that the girl is 14 years old and has been sexually assaulted. Court added that the crime committed is of serious nature.

Therefore, taking the facts and circumstances into consideration, the court found that Osama’s bail plea was sans merit. Thus, court rejected the same.

Case Title: Osama v. State