VIPIN SINGH Vs. STATE

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks grant of regular bail in case FIR No. 118/2021 dtd. 10/4/2021, under Ss. 363/366/376/506 of the Indian Penal Code, 1860 ('IPC') and Sec. 6 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO'), registered with PS Neb Sarai.

(2.) The brief facts of the present case are as follows:

(3.) Learned counsel appearing on behalf of the applicant submits that the present applicant and the victim/prosecutrix lived in the same locality and knew each other since September, 2020. It is further stated that the victim/prosecutrix was a major on the date of FIR, i.e., 10/4/2021, as her date of birth is 7/3/2001 as per her Voter ID Card bearing no. YRI3204575 and PAN Card No. KBHPK5369G issued to her by the Income Tax Department on 28/10/2020. It is submitted that the victim/prosecutrix had shown the said Voter ID Card and PAN Card as proof of her age when physical relations were established between her and the applicant for the first time, consensually.