DINESH Vs. STATE

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No.151/2018 under Sections 323/376D/328/506 IPC and Section 4 POCSO.

(2.) Allegation by the prosecutrix, who was aged 15 years on the date of the alleged offence, is that she was walking on the street when the co-accused called her that her brother-in-law was beating her sister and asked her to make a call from the room of the petitioner. It is alleged that when she reached the room, he pushed her into the room where the petitioner was present. The co-accused is alleged to have locked the room from outside and subsequently, came with a cold drink which was given to the petitioner, who then made the prosecutrix drink the same. On drinking the cold drink, she became intoxicated and lost her senses and when she regained her senses there were no clothes on her body and an offence of rape had been committed on her by the petitioner. She was thereafter also threatened that if she disclosed the offence to any person, she would be eliminated.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated and there are several material contradictions in her testimony recorded before the Court and the statement given to the Police during investigation.