JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred on behalf of the appellant under Sec. 14A(2) of the SC/ST (Prevention of Atrocities) Act being aggrieved by the order dtd. 21/10/2023 passed by the learned Special Judge, POCSO Act and Commission for Protection of Child Rights Act, 2005, Rajsamand in CIS No.123/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.309/2023, Police Station Rajnagar, District Rajsamand, for the offences under Ss. 363, 366-A, 344, 376(2)(n), 376(3) of the IPC and under Ss. 5(j)(l)(q)/6 of the POCSO Act, 2012.

(2.) Learned counsel for the appellant submitted that the appellant is aged about 18 years and is in custody since 2/9/2023. Drawing attention of this Court towards FIR learned counsel submitted that the FIR has been lodged after a delay of about two months from the date when she was allegedly subjected to sexual assault by the present appellant. Drawing attention of this Court towards the statements of the prosecutrix recorded under Sec. 161 of the Cr.P.C. and under Sec. 164 of the Cr.P.C learned counsel submitted that the prosecutrix voluntarily eloped with the present appellant and remained in his company for about two months, however, despite having ample opportunities she did not disclose the factum of she being abducted or being subjected to sexual assault to anyone. Learned counsel submitted that as a matter of fact that the prosecutrix and appellant are in their adolescence and both have a love relationship however, on the relationship between them turning stained, the appellant was roped in a false case.

(3.) Lastly, learned counsel submitted that the appellant is in judicial custody; challan has already been filed and the trial of the case is likely to consume sufficiently long time. On the strength of arguments advanced by him and these grounds, he implored the Court to enlarge the appellant on bail.