JITENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this petition seeking grant of regular bail in a case registered against him vide FIR No.338, dated 10.9.2019, Police Station Pinjore, District Panchkula, under Section 346, 363 and 366-AIPC and Section 6 of POCSO Act.

(2.) The FIR in question was lodged at the instance of Bati, wherein it has been stated that the prosecutrix was studying in a Government School and that on 9.9.2019 after returning from school, she wore a green coloured dress and went to her aunt's house but did not return back. Subsequently after the prosecutrix was recovered on 16.9.2019, her statement was recorded in terms of Section 164 Cr.P.C. wherein she deposed that she had left her house voluntarily and had stayed in a hotel along with Jitender Kumar (petitioner) and also established physical relations with him. She further stated that she wishes to marry aforesaid Jitender Kumar.

(3.) Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that it is a case where the prosecutrix had voluntarily left her house to be in the company of the petitioner and that the prosecutrix even while appearing in the witness box during the course of trial has not supported the case of the prosecution and has stated that she had informally solemnized marriage with the petitioner and wishes to stay with him.