LAWS(GJH)-2022-6-707

JAHAGIR YUSUFBHAI KHAFI Vs. STATE OF GUJARAT

Decided On June 27, 2022
Jahagir Yusufbhai Khafi Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being CR-I/11202002211782/2021 registered with Jamnagar City C-Division Police Station, District - Jamnagar for offences punishable under Ss. 376(2)(i) , 376(2)(j) , 376(2)(n) , 506(2) and Ss. 4, 6, 9(l), 9(o), 10, 11(6) and 12 of the POCSO Act.

(2.) Learned advocate Mr. P.M. Lakhani submits that the statement of the parents of the victim girl itself suggests that the victim girl wanted to marry with the applicant, but since it was inter-faith relationship, it was not approved by the parents.

(3.) Learned APP Mr. Trivedi submits that the Victim girl was aged about 16 years, whereas the applicant- accused is a married man. She has specified in her statement that under pressure, she had established relationship and considering the age also learned APP submits that there is a presumption of culpable mental state .