RAMKISHAN@SONU Vs. STATE

JUDGEMENT

(1.) Petitioner seeks bail in FIR No.279/2017 under Sections 363/376 IPC and Section 6 of the POCSO Act, Police Station Mehrauli. Petitioner has been in judicial custody since 14.06.2017.

(2.) The allegations against the petitioner are that the petitioner and prosecutrix are known to each other and the petitioner had picked up the prosecutrix at about 7.15 p.m. to take her to attend a birthday party of a friend of petitioner. Thereafter, he had taken her to a flat and made physical relations with her against her wishes. The accused is thereafter alleged to have dropped the prosecutrix back at her house at 8.27 A.M. the following day.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated and the Call Detail Record, available on record, shows that the petitioner and the prosecutrix were together only for a very short period and for the remaining period, their respective Cell location shows that they were at different places.