RAVIPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material on record.

(2.) The petitioners have been arrested in FIR No. 10/2018 of Police Station Merta Road, District Nagaur for the offences punishable under Ss. 363, 366A, 376(2)(N), 376D IPC and under Sec. 5(L)/6 POCSO Act. They have preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is argued that the FIR regarding the alleged incident dtd. 11/12/2017 was filed for the first time after more than 40 days i.e. on 25/1/2018. It is argued that as a matter of fact, the present FIR is only a counter to the FIR lodged by the sister of the petitioner Raviprakash against the one Subhash cousin brother of the prosecutrix, on 11/12/2017 wherein, sister of the petitioner has alleged that Subhas has sexually assaulted her and also extorted amount of Rs.3,50,000.00 and threatened to her. It is also submitted that though later on, the police had filed negative final report in the FIR lodged by the sister of the petitioner Raviprakash but prior to that, this false FIR has been lodged against the petitioners alleging that they abducted the prosecutrix on 11/12/2017 and thereafter, took her away to Merta City and sexually assaulted her and also made clippings of the incident and thereafter made viral of it. It is further submitted that in the FIR, allegation against the two unknown persons have also been levelled but the police had failed to trace out those unknown persons and kept the investigation against them pending. Learned counsel has submitted that as a matter of fact, no such incident as complained in the FIR has ever happened and the petitioners have falsely been implicated in this case because the sister of the petitioner Raviprakash has filed a complaint of sexual assault against the cousin brother of the prosecutrix. It is further submitted that charge-sheet has been filed and the trial of the case will take time.