(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.126/2022 registered at Police Station Rawatbhata, District Chittorgarh, for offences under Ss. 363, 366 and 376(2)(N) of the IPC and Ss. 3/4 and 5(Th)/6 of the POCSO Act.
(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
(3.) Drawing attention of the Court towards the statements of prosecutrix recorded under Ss. 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that the prosecutrix who is minor voluntarily eloped with the present petitioner who is aged about 21 years. Learned counsel submitted that the prosecutrix in her statements recorded under Ss. 161 and 164 Cr.P.C., has clearly stated that she remained in company of the present petitioner for more than one month out of her own free will and volition.