MAHENDRA DUBE 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.187/2022 Police Station Sadadi, District Pali, for the offences under Ss. 363, 384 366-A, 368, 506, 344, 509, 376(2)(j)(n) of IPC and under Sec. 3 read with Sec. 4(1), 5(L) read with 6, 7 read with 8 of POCSO Act, under Sec. 3(2)(va) of SC/ST (Prevention of Atrocities) Act, and under Sec. 67 of I.T. Act.

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

(3.) Learned counsel for the petitioner submitted that the prosecutrix was in a consensual relationship with the present petitioner. Drawing attention of the Court towards the statements of prosecutrix recorded under Sec. 164 Cr.P.C. dtd. 14/12/2022, learned counsel submitted that the prosecutrix voluntarily left her house and remained in company of the petitioner. Learned counsel further submitted that the prosecutrix out of her free will and violation travelled with the petitioner to various places such as Kanpur, Mumbai etc. using public transportation and also stayed with him in highly populated areas and therefore, had ample opportunities to disclose the fact of her being abducted and subjected to sexual assault by the present petitioner, therefore, the petitioner deserves to be enlarged on bail.