CHOTU KEER S/O SH. RATAN KEER, AGED ABOUT 22 YEARS, R/O NARAYANPURA, BILIA, P.S. HAMEERGARH DISTRICT BHILWARA. (PRESENTLY LODGED IN DISTRICT JAIL, BHILWARA) Vs. THE 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. 65/2016 of Police Station Hamirgarh, for the offences punishable under Sections 363, 366A, 376 Penal Code and Sec. 3/4 of POCSO Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that prosecutrix in her statement recorded under section 161 Crimial P.C. has stated that the petitioner has committed sexual assault upon her five to six months back, however no complaint was filed by the prosecutrix or her relatives regarding the said incident. It is also contended that the prosecutrix eloped with the petitioner on 13.05.2016 and thereafter stayed with him at several places such as Bhilwara, Vijaynagar, Ajmer and Nasirabad, however, she did not complain to anybody. It is contended that from this fact itself, it is clear that the relations between the petitioner and prosecutrix were consensual. It is also argued that the police has collected contradictary documentary evidence regarding the age of the prosecutrix. It is contended that in mark sheet of the prosecutrix issued by the Upper Primary School Bilia, the age of the prosecutrix is shown as 5.7.2000 whereas in the certificate given by the Head Master of the same school on 3.6.2016, the date of birth of the prosecutrix is shown as 5.7.1998. Learned counsel for the petitioner has submitted that no definite evidence regarding the age of the prosecutrix has been collected by the police.