LEKHRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.

(2.) Prayer in this petition filed under Section 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner in FIR No.95 dated 11.12.2019 under Sections 365, 376, 120-B, 354-A, 506 IPC and Sections 6 and 8 of the POCSO Act registered at Police Station Women, Palwal, District Palwal.

(3.) Learned counsel for the petitioner has argued that the alleged offence was committed on 08.10.2019 whereas the FIR in question was registered on 11.12.2019. The petitioner is in custody since 12.12.2019. He has argued that in fact, there is no allegation of commission of rape against the petitioner. The only allegation against the petitioner is that he has clicked the photographs of the prosecutrix, while the other co-accused Lala Ram was committing rape upon her. He submits that the mobile phone of the petitioner has been recovered, but no such video/photographs were found.