MOHAMMED ZISHAN Vs. STATE

JUDGEMENT

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

(2.) The petitioner has been arrested in connection with FIR No. 126/2019 of Police Station Basni, Jodhpur for the offences punishable under Ss. 363, 366-A, 354, 354-B I.P.C. and Sec. 7/8, 9(M)/10 POCSO Act and Sec. 3(1)(W), 2(2)(V) (Va) of SC/ST Act.

(3.) Learned counsel for the petitioner has submitted that charge-sheet has been filed against the petitioner on the basis of statements of so called eye-witnesses Hemraj and minor girl. Learned counsel for the petitioner has submitted that now the statements of that both eye witnesses and parents of minor have been recorded before the trial court wherein they have not supported the prosecution story and turned hostile. It is also submitted that the statements of prosecutrix have already been recorded before the trial court wherein she has denied that no such incident as mentioned in the charge-sheet had taken place. Learned counsel for the petitioner has further submitted that now the matter has been compromised between the petitioner and family of minor and, therefore, the petitioner is entitled to be released on bail.