SURESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this bail application under Section 439 Cr.P.C. in FIR No.573/2019 registered at Police Station Kotwali Neem Ka Thana, District Sikar for the offence under Sections 363 , 366-A of IPC and Sections 3 and 4 of Protection of Children From Sexual Offences Act,2012.

(2.) Learned counsel for the petitioner submits that the age of the prosecutrix is seventeen and a half years. She herself eloped with the accused and she categorically stated in the statement recorded under Section 161 Cr.P.C. that nothing wrong was committed to her without her consent. The accused-petitioner is in custody for more than six months. The prosecutrix has been found to be habitual of intercourse. Challan has been presented and conclusion of trial will take time, therefore, the bail application may be allowed.

(3.) Learned Public Prosecutor has vehemently opposed the bail application with the submissions that consent of the prosecutrix is not relevant as she is admittedly a minor. Clear averment regarding rape is available not only in the statement recorded under Section 161 Cr.P.C. but also in the statement recorded under Section 164 Cr.P.C., therefore, the bail application should be dismissed.