SAWANT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.198/2022, registered at Police Station Jhanwar, District Jodhpur for offences punishable under Ss. 363, 366A and 376 IPC and Sec. 3/4 of the Protection of Children From Sexual Offences Act.

(2.) Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner drew attention of this Court towards statement of prosecutrix recorded under Sec. 164 Cr.P.C. before the competent criminal court. Learned counsel further submitted that petitioner has falsely been implicated in this case, though the petitioner and the prosecutrix were in a consensual relationship.

(3.) Keeping in view of the aforesaid submission along with the fact that age of the prosecutrix is between 16 to 18 years age and age of the complainant is 21 years old, the benefit of bail deserves to be granted to the accused petitioner.