SADDAM HUSAIN 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.221/2023 registered at Police Station Samdari, District Balotra, for offences under Ss. 450, 363, 366, 376(2)(n) IPC and Ss. 3/4 and 5(l)/6 of POCSO Act.

(2.) Drawing attention of the Court towards the statements of the prosecutrix recorded under Sec. 161 Cr.P.C., learned counsel for the petitioner submitted that the petitioner aged about 21 years and the prosecutrix aged about 16 years and 8 months, were in a consensual relationship. Learned counsel submitted that the prosecutrix in her statements has stated that on 23/10/2023, she left her house on scooty with the petitioner after taking some clothes, educational documents and a sum of Rs.4000.00. Learned counsel submitted that the prosecutrix has also stated that she remained in the company of the present petitioner at various places such as Kalyanpur, Balesar, Jaisalmer etc. in the hotel situated in thickly populated areas. Learned counsel contended that there is nothing on record to indicate that the petitioner had any knowledge about the factum of the prosecutrix being minor. Learned counsel further submitted that the prosecutrix despite having ample opportunities did not disclose the factum of she being abducted or subjected to forcible sexual assault by the petitioner to anyone. However, on relations between them turning strained, the petitioner has been roped in a false criminal case.

(3.) Lastly, learned counsel submitted that the petitioner is in judicial custody, investigation against the petitioner has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.