BHARATBHAI KANTIBHAI BAGDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, praying for regular bail post submission of charge-sheet in connection with FIR being C.R. No. 11185002220385 of 2022 registered with Dwarka Police Station, District: Devbhumi Dwarka, for the alleged offence under Ss. 363 , 366 , 376(2)(n) of the Indian Penal Code (hereinafter referred to as " IPC ", in short) and Ss. 4 , 6 & 12 of The Protection of Children from Sexual Offences Act, 2012. (hereinafter referred to as "POCSO Act", in short)

(2.) Heard Mrs. Nasrin N. Shaikh, learned advocate for the applicant. She has submitted that while working together, the applicant as also the victim developed the relationship and pursuant thereto, they eloped and stayed together for a period of 3 months. Drawing attention of the Court to the medical certificate issued by the Doctor, where history is recorded of the victim in her own words, where she has admitted having eloped with the applicant, knowing each other since 7 - 8 months and with free consent and will of the victim, they entered into a physical relationship.

(3.) As against that, learned APP Mr. Dhawan Jayswal, appearing on behalf of the respondent-State, submitted that since age of the victim is 16 years, 10 months and 17 days, even if the alleged offence took place with the express consent of the victim, it cannot be said that no offence is made out.