VISHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 1491 of 2019 before the court of learned Additional Sessions Judge, Gandhinagar u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide I- C.R. No. 91 of 2019 with Inforcity Police Station for the offence punishable u/s 363, 366, 376 of the Indian Penal Code ; u/s. 12 of the POCSO Act and Section 3(2)(S)(A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein the learned Special POCSO Judge (2nd Additional Sessions Judge) Gandhinagar rejected the said application on 24.12.2019. Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14A(2) of the Atrocities Act.

(2.) Heard learned advocates for the respective parties and learned APP for the respondent-State.

(3.) Learned advocate for the appellant has submitted that the present appellant is wrongly involved in the offence by the Investigating Agency. That the complaint has been lodged after delay and no legitimate explanation for such delay has been given in the FIR. That, the allegations levelled against the present appellant and case of the prosecution itself is absolutely unbelievable, as appellant was not involved in any such incident. That, the appellant is 18 years and s6 months old and victim was 17 years 11 months and 27 days at the time of alleged offence and both were known to each other since long and both were in love affair. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by the learned Additional Sessions Judge and enlarge the present appellant on regular bail.