NARPAT SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the challan papers.

(2.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.330/2015, registered at Police Station Rajgarh, District Churu for the offences under Sections 363, 366 - A, 376 -D of the IPC and Sections 4 and 6 of the POCSO Act.

(3.) Learned counsel for the petitioner submits that in the written report submitted by the prosecutrix at the Police Station Rajgarh on 28.08.2015, two persons namely Vikas and Manoj were named as the assailants who allegedly subjected her to rape after kidnapping her. When the prosecutrix was examined under Section 161 Cr.P.C. on 29.08.2015, she alleged that two unknown boys kidnapped her and took her to Jigasana where, Vikas and Manoj were standing from before with motorcycles. She was sitting in the car. Vikas subjected her to rape in the back seat of the car. Manoj was standing nearby. He got a call from somebody that the family members were looking out for her. On this, Vikas drove away the car in which, Manoj also accompanied. Both of them dropped her near Balaji Temple after giving her a threat that she should not tell about the incident to anobody or else she would be killed. The prosecutrix was then examined under Section 164 Cr.P.C. on 04.09.2015 and in the said statement, she alleged that on 27.08.2015, a Swift Dezire Car in which Narpat (the present petitioner) and one more boy were sitting, came across her while she was proceeding to her school. She was forcibly pulled on to the vehicle and taken to Jigasana Rohi. There, Vikas and Manoj were standing from before. She was subjected to rape by all four in the car.