LAXMAN CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer made in this bail petition filed under Sec. 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report Number 34/2024 of Police Station Javda in respect of offences punishable under Ss. 342, 376(2)(f) of the Indian Penal Code, Ss. 5(m)/6 of POCSO Act and Ss. 3(1)(w), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

(2.) Let me give a very brief factual backdrop to understand the entire matter in the right perspective which is that on 20/6/2024 at around 5:45 PM, the victim Miss "A" aged 11 years along with her mother appeared at the police station and verbally reported that earlier that day around 10:00 AM petitioner Laxman came to her house to sell tarpaulin. He had visited their home on previous occasions as well. On this particular day, her father and Laxman sat together and consumed alcohol. After drinking, her father fell asleep. Laxman then gave Rs.10.00 to the victim and asked her to buy a "pouch of gutka" from a nearby shop. On her way back, when she reached near the bathroom, Laxman approached her, forcibly grabbed her and took her inside the bathroom. He opened her salwar, made her lie down in the bathroom and committed rape with her. When the victim started thrashing her hands and legs, Laxman released her from his grab. She immediately ran away and told her mother about the entire incident. Her mother then informed her father and when her father went towards the bathroom, Laxman fled towards the field. Statements of victim and her parents are yet to be recorded during the trial.

(3.) To begin at the beginning Shri Jagatveer Singh Deora, learned counsel representing petitioner has fervently argued that the victim initially completely denied the alleged incident of rape in her statements given under Sec. 161 of the Cr.P.C. but later she changed her stance and described the incident of rape with her in her statements under Sec. 164 of Cr.P.C. Therefore, her statements cannot be trusted. Additionally, the victim and her parents have reached a compromise with the petitioner. Learned counsel for the petitioner has brought this compromise to the attention of the Court. It is further argued that entire allegations so leveled by the complainant against the petitioner is totally false and baseless. With the aforesaid submissions, it was prayed that the present petition be allowed and petitioner may be enlarged on bail.