AARTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant seeking cancellation of bail granted to the accused-respondent No.2 vide order dated 18.08.2020 by the Special Court (POCSO Act), Sawai Madhopur. The respondent No.2 was arrested in connection with FIR No.47/2019 registered at Police Station Bamanwas District SawaiMadhopur for the offence(s) under Section(s) 363, 366-A of IPC and Section 3(2)(va) of the Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity "the Act of 1989") and later on for the offences under Sections 363, 366, and 376-D IPC and Section 5/6 of the POCSO Act, 2012 (for brevity "the Act of 2012") and Section 3(2)(v) of the Act of 1989.

(2.) Learned counsel for the complainant-petitioner submitted that vide order impugned dated 18.08.2020, the accused- respondent No.2 has been extended benefit of bail in a heinous offence ignoring the relevant material available in the case diary especially the statements of the prosecutrix recorded under Sections 161 CrPC as well as 164 CrPC which contained specific allegation against the accused of subjecting her to rape. He submitted that the learned Special Court has assigned three reasons for enlarging the respondent on bail i.e., (i). the accused respondent is not named in the FIR, (ii). the prosecutrix was produced in the police station by her father and (iii). the respondent was confined to custody for 21 days.

(3.) Learned counsel for the petitioner contended that since the FIR was lodged by father of the prosecutrix as she was found missing, he was unaware of the offence committed by the respondent with her which could be revealed only after her statements were recorded under Sections 161 CrPC as well as 164 CrPC. He submitted that the factum of production of the prosecutrix in the police station by her father, by no stretch of imagination, could have been a relevant consideration for grant of bail to the respondent against whom there was allegation of subjecting the prosecutrix, a minor girl, to rape and similar is true with third reason assigned by the learned Speical Court i.e. incarceration of the accused for a period of 21 days.