SURAJMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-accused Surajmal a lad of 21 years who is in custody has moved this first bail application under Section 439 Cr.P.C. in case FIR No. 986 dated 15.12.2018 under Sections 363,366-A IPC and Section 4 of POCSO Act, 2012, registered at Police Station Sadar Palwal.

(2.) The facts detailed are that complainant Sher Singh father of minor girl aged 14 years alleged that on 13.12.2018 around 11.30 AM, his daughter was enticed and taken away by the accused-petitioner leading to the registration of the present case. Upon recovery of the girl on 26.12.2018, her statement under Section 164 Cr.P.C. was recorded.

(3.) Learned counsel for the petitioner inter-alia contends that the petitioner is in custody for more than ten months and ten days and that the girl in her initial statement under Section 164 Cr.P.C. has not supported the prosecution version and subsequently after 15 days under pressure and coercion her second statement under Section 164 Cr.P.C. was recorded which led to allegations of having cropped up against the petitioner and that there is no medical evidence to support the case of the prosecution.