MALAJI DHARSHIJI THAKOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of the respondent State of Gujarat.

(2.) Present is a successive application filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR being I-CR No.42/2019 registered with Aagthala Police Station, District Banaskantha for the offences punishable under Sections 363, 376, 506(2) etc. of the Indian Penal Code, 1860 and sections 3c, 4 and 8 of the Protection of Children from Sexual Offences Act.

(3.) Learned advocate Mr. S.L. Vaishya appearing for the applicant would submit that the prosecutrix who has been examined before the learned Special Judge (POCSO) has not supported the case of the prosecution. He has taken me through the deposition of prosecutrix (PW-7, Exh.29) and would submit that the applicant be enlarged on regular bail.