CHHOTU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner has been arrested in FIR No.79/2019 of Police Station Ratanada, District Jodhpur for the offences punishable under Sections 313, 506 and 376 IPC and Section 3/4 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the petitioner and the prosecutrix are residents of same village and are neighbors. It is further submitted that both of them are known to each other for quite some time and love to each other. It is submitted that the prosecutrix wanted to marry with the petitioner, however, when her family members refused to marry her with the petitioner, she tried to commit suicide but was saved by her family members and later on, under the pressure of her family members, she has levelled allegation of sexual assault against the petitioner. Learned counsel for the petitioner has submitted that the allegations of getting the pregnancy of prosecutrix terminated and preparing objectionable video clip of prosecutrix levelled in the FIR are not true. It is also submitted that the petitioner has been arrested; he is in judicial custody since his arrest and, therefore, no interrogation is required from him.