KAILASH SAHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has moved this bail application under Sec. 439 Cr.P.C.

(2.) The FIR in this case pertains to Sections 363, 366A, 109 & 376 Penal Code and Sec. 3/4 of the Protection of Children from Sexual Offences Act.

(3.) The contention of the counsel for the petitioner is that in her earlier statement recorded before the Magistrate, the prosecutrix did not name the present petitioner. The present petitioner was also not named in the FIR and it is only after six months, in the first statement recorded under Sec. 164 Crimial P.C., that the prosecutrix named the present petitioner.