SOYAB @ SOYLO IMTIYAZBHAI CHOHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with F.I.R. being C.R.No.I-158 of 2017 registered with Rajkot Taluka police station, Rajkot for the offences punishable under Sections 363, 366 and 376 of the IPC and under section 6 of the POCSO Act.

(2.) Learned advocate for the applicant has submitted that the applicant and the prosecutrix were in love with each other and the prosecutrix accompanied the applicant of her own and thereby, abandoned the guardianship of her parents voluntarily.

(3.) Learned APP, while opposing the application, has submitted that at the relevant time, the prosecutrix was aged 17 years 4 months. She being the minor, the question of consent does not arise and therefore, the offence under section 376 read with POCSO Act has been committed and therefore, the applicant may not be enlarged on bail.