VINOD 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.93/2022, Police Station Akola, Chittorgarh for the offences under Ss. 363, 366 and 376(2)(n) IPC and Sec. 5(L)/6 of the POCSO Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

(3.) Drawing attention towards the statements of the prosecutrix recorded under Ss. 161 and 164 Cr.P.C., learned counsel for the petitioner submitted that from the perusal of the statements aforesaid it is apparent that the prosecutrix has not levelled any allegation of sexual assault against the petitioner. It is further submitted that the petitioner and prosecutrix had consensual relationship and prosecutrix remained in the company of the petitioner willfully for about 3 days and when their relationship got strained, the present FIR has been lodged. The petitioner, therefore, may be enlarged on bail.