KANHAIYALA Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner(s) has/have been arrested in FIR No.73/2021 of Police Station Dungla, Chittorgarh, Distt. Chittorgarh for the offence(s) punishable under Sec. (s) 376 IPC and Sec. 5/6 of the POCSO Act. He/she/they has/have preferred this/these bail application(s) under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that allegation of sexual assault, levelled against the petitioner, is absolutely false. It is argued that prosecutrix and the petitioner were in relationship from last so many years and decided to solemnize marriage, however, when family members of the prosecutrix came to know about their relationship, they pressurized the prosecutrix to lodge a false complaint against the petitioner. Learned counsel while inviting my attention towards the documents i.e. letters, whatsapp chats and photographs, exchanged in-between the petitioner and the prosecutrix, which are annexed with the charge-sheet, has submitted that from the said evidence, it is clear that relationship between the prosecutrix and the petitioner was consensual. It is further submitted that at the time of filing of the complaint, the prosecutrix was major; charge-sheet has been filed and trial of the case is likely to take time.