MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this appeal aggrieved by order dated 18.09.2020 passed by Special Judge POCSO Act and Commission for Protection of Child Rights Act, 2005 No.1, Alwar, whereby, bail application filed by the appellant under Section 439 Cr.P.C. was rejected.

(2.) F.I.R. No. 235/2019 was registered at Police Station Harsora, District Alwar for offence under Sections 363, 376-D, 511 I.P.C. and Section 3/4, 5G/6 of POCSO Act, and Section 3(1)(Da), 3(1) (S), 3(1) (w), 3(1)(1), 3(1)(2) & 3(2) (va) of SC/ST Act.

(3.) It is contended by counsel for the appellant that the alleged incident took place on 10th December. FIR was lodged on 12th December. Petitioner is not named in the FIR and statement recorded under Section 164 Cr.P.C. It is only after 9 years of the incident that petitioner was mentioned in the statement under Section 164 Cr.P.C.