MAANU RAM 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. 63/2018 of Women Police Station, District Jaisalmer for the offences punishable under Ss. 363, 366, 366(A) and 376 IPC and Sec. 5/6 of POCSO Act, 2012. He has preferred this bail application under Sec. 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 in the FIR, the prosecutrix has alleged that the petitioner abducted her with the help of one Mimo Devi W/o Khevra Ram. It is also alleged by the prosecutrix that the petitioner and Mimo Devi instigated her to bring ornaments and money from her house. It is submitted that the prosecutrix repeated same allegations in her statements recorded under Ss. 161 and 164 Cr.P.C. but later on, by filing an application before the Investigating Officer, she specifically stated that Mimo Devi has no role in her abduction and the allegation of instigating her to bring ornaments and money from her house against Mimo Devi and petitioner has also been withdrawn. Learned counsel for the petitioner has submitted that from the above facts, it is clear that the story narrated by the prosecutrix in her complaint is totally false. It is submitted that as a matter of fact the prosecutrix and the petitioner are in relation for quite some time, she eloped with him and lived with him at Bikaner for quite some time. It is submitted that the prosecutrix and the petitioner wanted to marry each other but since the prosecutrix did not complete 18 years of age, the marriage between them could not be solemnized and both of them returned to their village and thereafter her family members pressurized her to file false case against him. Learned counsel for the petitioner has submitted that on the date of filing of the complaint, the age of the prosecutrix was more than 17 1/2 years. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.