JYOT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the petitioner under Sec. 439 of the Cr.P.C. in connection with FIR No.109/2023 Police Station Sameja Kothi, District Sri Ganganagar, for the offences under Ss. 354, 305, 376AB, 376DB and 120-B of IPC and under Sec. 5(m)/6 of POCSO Act.

(2.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel further submitted that as per prosecution story, on seeing the minor daughter of the complainant, Mst. 'K' who is aged about 10 years alone in the house, the petitioner who is aged about 25 years called her in the house of one, Rajendra Kumar with the aid of one, Priyanka and thereafter, committed sexual assault upon her. As per prosecution story, minor daughter of the complainant fearing shame and disrepute to her family on the alleged act coming to the knowledge of others, committed suicide by hanging herself.

(3.) Learned counsel for the petitioner submitted that there is no evidence available on record indicating that the petitioner has committed the alleged offence. Attention of the court was drawn towards the statements of the complainant, Ramandeep Kaur and Roshan Singh etc., recorded under Sec. 161 Cr.P.C. to contend that these witnesses had reached the place of alleged incident only on being told about the same by the brother of the deceased namely Princedeep Singh and saw the deceased and the petitioner sitting on a bed however, they had not seen the petitioner committing sexual assault upon the deceased. Attention of the court was also drawn towards the statements of the complainant recorded under Sec. 161 CrPC to contend that the petitioner himself had called the complainant at about 9:15 AM and informed that his son ' Princedeep is levelling false allegations against the petitioner, even though he has not committed the alleged offence. Learned counsel submitted that had the petitioner been guilty of the alleged act of sexual assault he would not have called the complainant/father of the deceased. Learned counsel submitted that a false and concocted story has been put forward by the prosecution only in order to harass and humiliate the petitioner, though there is not an iota of evidence available on record indicating involvement of the petitioner in commission of alleged crime. Learned counsel submitted that as a matter of fact, the prosecutrix committed suicide being disturbed and perturbed by the false story which had been narrated by her family members especially her brother.