KARAN 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 F.I.R. No.09/2024 registered at Police Station Hathipole, District Udaipur, for offence under Sec. 376 of the IPC.

(2.) Learned counsel for the petitioner submitted that the petitioner is aged about 18 years has been falsely implicated in the present case. Drawing attention of this court towards the FIR, learned counsel submitted that as per prosecution, the prosecutrix was made to consume a cold drink containing intoxicant, by the present petitioner. The prosecutrix was thereafter subjected to sexual assault and her obscene videos and photographs were also captured by the petitioner.

(3.) Learned counsel submitted that the FIR has been lodged by the prosecutrix after a delay of about two years from the date when she was allegedly subjected to sexual assault for the first time. It was further contended that the prosecutrix was having a consensual relationship with the present petitioner. However, on their relations turning strained, she has lodged a false FIR. To substantiate this contention, attention of this court was drawn towards the call details exchanged between the petitioner and prosecutrix, indicating that they were in constant touch with each other. Learned counsel further submitted that no obscene photographs / videos of the prosecutrix have been recovered by the Investigating Agency.