RIJWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Rijwan @ Sahil, who is in judicial custody in connection with Case Crime/FIR No. 91 of 2024, under Ss. 363, 366A, 376 of IPC and Ss. 3 & 4 of POCSO Act, registered at P.S. Rajpur, District Dehradun, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the matter; that the applicant and the victim were good friends and known to each other for a long time; that they had planned to go for an outing to Shimla with the permission of the victim's parents; that the victim was about 16 years of age at the time of the incident; that in her statement recorded as PW1, she stated that she had known the accused for more than two years; that, she went with the applicant on her own sweet will and there were no physical relations between them. This fact is also verified from the medical report of the victim, where the Doctor have given the opinion that no definite opinion regarding sexual assault can be given; that, after investigation, a charge sheet has been filed; and that there is no definite medical opinion regarding sexual assault.