RAMURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.45/2023 registered at Police Station Shergarh, District Jodhpur, for offences under Ss. 450 and 376(2)(n) IPC and Ss. 3/4 and 5(L)/6 of the POCSO Act. Heard learned counsel for the petitioner, learned Public Prosecutor so also learned counsel for the complainant. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that the petitioner who is aged about 24 years, has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the prosecutrix was subjected to sexual assault on 15/12/2022 by the petitioner for the first time at the tip of the knife and thereafter, she was regularly subjected to sexual assault by the petitioner by threatening to circulate her obscene photographs. Learned counsel submitted that the FIR against the petitioner has been lodged on 8/2/2023, however, no explanation has been furnished for lodging of the FIR after about one month and 23 days from the date when she was first subjected to sexual assault. Learned counsel submitted that the petitioner and the prosecutrix were in a consensual relationship and to substantiate this contention, attention of the Court was drawn towards various mobile calls exchanged between the petitioner and the prosecutrix as well as photographs indicating that they were romantically involved with each other.

(3.) Learned counsel submitted that investigation against the petitioner has already been completed; in the charge-sheet, the petitioner has not been charged for the offence under the Information Technology Act, 2000 and no recovery of the knife allegedly used by the petitioner for subjecting the prosecutrix to sexual assault, has been recovered by the investigating agency. Lastly, learned counsel submitted that the petitioner is in custody since 8/2/2023 and the trial of the case is likely to consume sufficiently long time.