JUDGEMENT
SANJAY KISHAN KAUL,J. -
(1.) Leave granted.
(2.) The case has been registered against respondent No. 2 under Sections 376 and 376(2)(N) of the IPC
and under Sections 3,4,5 & 6 of the POCSO Act in
pursuance to FIR dated 20.04.2020. In terms of
the FIR, the relationship between the appellant
and respondent NO. 2 is of a minor daughter and
father. In terms of the statement made in the FIR
by the appellant at the time when she was going to
class IV examination, respondent No. 2 is alleged
to have made forcible sexual relationship. She did
not inform this initially but since the alleged
exploitation continued, she states that she
informed the mother about the incident. At that
stage, the mother took her away but she was again
brought back to Udaipur after few days. The
exploitation is stated to have continued at which
time the appellant approached her grandmother and
aunt who in turn told her to discuss it with her
mother. It appears that this continued for 6
years when the appellant gathered courage to lodge
the FIR as she was of a more discernible age of
about 16 1/2 years.
(3.) The grievance made in the present appeal is that in the aforesaid circumstances, in terms of
the impugned order dated 03.09.2020, the bail has
been granted to respondent No. 2.;
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