A. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The case has been registered against respondent No. 2 under Sections 376 and 376(2)(N) of the IPC and under Sections 3,4,5 & 6 of the POCSO Act in pursuance to FIR dated 20.04.2020. In terms of the FIR, the relationship between the appellant and respondent NO. 2 is of a minor daughter and father. In terms of the statement made in the FIR by the appellant at the time when she was going to class IV examination, respondent No. 2 is alleged to have made forcible sexual relationship. She did not inform this initially but since the alleged exploitation continued, she states that she informed the mother about the incident. At that stage, the mother took her away but she was again brought back to Udaipur after few days. The exploitation is stated to have continued at which time the appellant approached her grandmother and aunt who in turn told her to discuss it with her mother. It appears that this continued for 6 years when the appellant gathered courage to lodge the FIR as she was of a more discernible age of about 16 1/2 years.

(3.) The grievance made in the present appeal is that in the aforesaid circumstances, in terms of the impugned order dated 03.09.2020, the bail has been granted to respondent No. 2.