(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of the accused-petitioner, who has been arrested in connection with FIR No. 73/2023 registered at Police Station Barodamev, District Alwar for offence under Ss. 363, 366-A, 376-D, 323, 379, 120-B IPC and Ss. 5, 6, 16 and 17 of POCSO Act, 2012 and later on, the police filed charge sheet for the offence under Ss. 363, 366-A, 376-D, 323 IPC and Sec. 5(G)/6 of POCSO Act, 2012.
(2.) Learned Counsel for the accused-petitioner submits that the accused- petitioner has been falsely implicated in this case.
(3.) Learned Counsel submits that no offence was found proved against the accused-petitioner in the investigation and he was not charge sheeted by the police, however, on the basis of statement of the prosecutrix recorded during trial, learned Trial Court by exercising powers under Sec. 319 Cr.P.C., summoned the accused-petitioner as an additional accused through warrant of arrest.