RAJESH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 24/11/2022 for the offences under Sec. 448 of IPC r/w Ss. 5(j)(ii), 6 Protection of Child from Sexual Offences Act 2012, in Crime No.35 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution as per the de-facto complainant is that the petitioner had committed penetrative sexual assault on the minor victim girl aged about 17 years, due to which, the victim girl became pregnant. Hence the case.

(3.) Learned counsel for the petitioner submitted that the petitioner, aged about 19 years, and the victim girl, aged about 17 years are close relatives and there was a love affair between them. He further submitted that the victim girl become pregnant and when she has been taken to hospital, the complaint has been lodged against the petitioner, by the hospital staff. He further stated that the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had developed an affair with the minor victim girl. He further submitted that both the family members of the petitioner and the victim girl had accepted to perform their marriage after the minor girl attaining majority and they have also filed the affidavits, regarding the same. Hence, he prays to grant bail to the petitioner.