MOHAN THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is an accused in a case registered for the offence punishable under Section 366A IPC and Section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. The statement of the victim has been recorded under Section 164 Cr.P.C wherein she has stated that she has solemnized marriage with the petitioner without any pressure and she wants to stay with him. Learned Judicial Magistrate while recording the statement of the victim under Section 164 Cr.P.C, has mentioned her age as 19 years. Moreover, the victim while giving the said statement, has also disclosed her age as 19 years. The date of birth of the victim as recorded in her 'Adhar Card' is 13.02.1998. Thus, on the date of the alleged occurrence, the victim was major. The petitioner is in judicial custody since 06.03.2019 and as such he may be given the privilege of regular bail.