KIRITKUMAR JASUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being I-C.R. No.11204065210345 of 2021 registered with Vaso Police Station, District-Kheda for offences punishable under Sec. 376(2)(n) and 506(2) of IPC.

(2.) Mr. I.H. Syed, learned Senior advocate along with Mr. Aftabhusen Ansari, learned advocate for the applicant submitted that, the complainant is a lady and while giving the complaint, the age of the lady is noted as 19 years 4 months and 8 days, and as per the complaint she was carrying the pregnancy of 7 months. Senior advocate Mr. Syed submitted that the complaint itself discloses the fact that the complainant was not willing to file any FIR, and it appears that thereafter, after deliberation with other family members, FIR came to be lodged. Mr. Syed, Senior advocate submits that the contents of the FIR shows that she had given her statement before the Magistrate stating that she does not want to file any complaint.

(3.) Mr. Pranav Trivedi, learned Additional Public Prosecutor submitted that, in the statement, though victim states that, she was in friendly relation with the accused, but on three occasions the accused had forcibly established physical relation. Mr. Trivedi, states that the parents took the victim girl to Nadiyad Civil Hospital for treatment, at that time under Sonography, it was found that the victim girl was carrying the child of about 7 months and when the relation was under force, learned APP, submitted that under the provisions of Sec. 114A of the Evidence Act, the presumption has to be drawn. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.