LAWS(RAJ)-2021-12-41

RAHUL Vs. STATE

Decided On December 13, 2021
RAHUL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.57/2021 of Police Station Bhadra, District Hanumangarh for the offences punishable under Ss. 363, 366, 376(3) 376(2)(n) I.P.C. and Sec. 5(L)/6 of the POCSO Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact, the prosecutrix was in contact with the petitioner and she went with him as per her own free will. It is also argued that soon after recovery of the prosecutrix, her statements were recorded under Sec. 161 Cr.P.C. wherein she has not levelled allegation of sexual assault against the petitioner, but later on, under pressure of her family members she, in her statements recorded under Sec. 164 Cr.P.C., has levelled false allegation of sexual assault against the petitioner. It is also submitted that charge sheet has been filed and trial of the case will take time.