KALU SINGH 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 FIR No.226/2021 registered at Police Station Kelwara, District Rajsamand, for offences under Ss. 363/34, 366-A/34, 342, 376(2)(3)(n) IPC, 5(L)/6 of POCSO Act.

(2.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the prosecutrix who is aged about 17 years voluntarily eloped with the present petitioner, who is aged about 19 years on 22/11/2021. Drawing attention of the Court towards statement of the prosecutrix Mst."L' recorded before competent criminal court as P.W.4 on 17/10/2022, learned counsel submitted that though the allegation of abduction and sexual assault has been levelled by the prosecutrix against the present petitioner but the statement of the prosecutrix clearly reveals that she was forced to sit and travel with the petitioner on his motorcycle, she did not inform anyone about the fact of she being abducted despite having ample opportunities.

(3.) Learned counsel submitted that in the statements, the prosecutrix has stated that she was in the company of the present petitioner for a few days and despite having opportunities did not inform anyone about she being abducted or subjected to sexual assault by the petitioner.