PRAKASH GOVIND POL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned APP for the State and learned counsel for respondent No.2.

(2.) This is an application for bail filed by the applicant in connection with C.R. No.294 of 2022 registered with Khandeshwar Police Station on 19/11/2022 for the offence punishable under Sec. 363, 376 of the Indian Penal Code, 1860 and under Ss. 4 and 8 of Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act", for short).

(3.) The incident happened on 18/11/2022. The victim left her house to go to the school. The victim did not return home from school. The informant lodged a complaint on 19/11/2022 with Khandeshwar Police Station. On 20/11/2022 the victim was found along with the applicant at Bhor Bus stand. In the statement the victim stated that she had eloped for two days and during the said period the applicant forcefully had sexual relations with her which constitute an offence under the aforesaid Sec. . The applicant was arrested on 21/11/2022. In the statement recorded under Sec. 164 of the Code of Criminal Procedure (hereafter " Cr.P.C .", for short) the victim stated that she does not recollect about the physical relations.