SHARWAN NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 303/2018 of Police Station Kapasan, Chittorgarh for the offences punishable under Ss. 363, 366, 344, 376 IPC and 5/6 of POCSO Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, statement of the prosecutrix have been recorded before the trial court as PW-1. It is submitted that the prosecutrix in her statement has specifically stated that when the petitioner had sexually assaulted her, however, she did not inform about the same to anyone of her family members. It is also submitted that the prosecutrix has also stated that she came out of the house in the night without informing her grandmother and travelled with the petitioner from Udaipur to Navsari in a bus, wherein other passengers were also present but she did not complaint to any of them. It is submitted that the prosecutrix in her cross-examination has admitted her photographs with the petitioner, which were clicked in the presence of her brother. It is further submitted that from the above piece of evidence, it is clear that relation between the petitioner and the prosecutrix were consensual and it is wrong to say that petitioner had abducted her and thereafter sexually assaulted her.