PINTU BHAI S/O SHRI KESA JI, B/C RAVANA RAJPUT, R/O KUMBHARDI, POLICE STATION MAVSARI, (GUJARAT) (AT PRESENT LODGED IN SUB JAIL BHINMAL) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) The instant bail application under Sec. 439 Crimial P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.404/2016, registered at Police Station Sanchore, District Jalore for the offences under Sections 363, 366, 376(i)(n) Penal Code and Sec. 3/4 of the POCSO Act.

(3.) Learned counsel for the petitioners contends that the victim was having friendship with the petitioner since long. She called the petitioner and eloped with him from her father's house on 210.2016. An FIR came to be filed on 24.10.2016. The girl was discovered on 30.10.2016 and upon being examined on the very day under Sec. 161 Crimial P.C., she clearly stated that she had called the petitioner and asked him to take her away. Thereafter, she accompanied the petitioner in a car to Ahmedabad, Sanchore, Ambaji and then came to Jodhpur and went to Ramdeora. There she was apprehended by her relatives and was brought to the police station where she clearly stated that the petitioner did not commit any sexual assault upon her. The girl was then examined under Sec. 164 Crimial P.C. on 04.11.2016 and in such statement as well, she admitted that she had gone with the petitioner to visit various places like Ahmedabad, Ambamata, Sanchore, Ramdeora, etc. In this statement for the first time, she alleged that at Ambaji & Ramdevra, the petitioner sexually assaulted her. Learned counsel submits that subsequent embellished version of the victim under Sec. 164 Crimial P.C. cannot be believed and prays that the petitioner deserves to be released on bail.