- (1.) This bail application has been filed under Section 439 CrPC in connection with FIR No.328/2019 registered at Police Station Udaipurwati, Distt. Jhunjhunu (Raj.) for the offences under Sections 363 , 366 and 376 IPC and Section 3/4 POCSO ACT.
(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor.
(3.) Learned counsel for the accused-petitioner relies on statements of prosecutrix, which have been placed before this Court to submit that no case can be said to have been made out of abduction or rape of prosecutrix who has willingly gone with the petitioner. Learned counsel submits that in the statement of mother of the prosecutrix, age of the prosecutrix is below eighteen years is also doubtful as she states that the age mentioned in the School Certificate is registered by the School Master himself. Learned counsel submits that in the statement of prosecutrix who is said to be above sixteen years of age at the time of abduction, she had stated that she had gone with the accused-petitioner on scooty and thereafter, had travelled with him in bus. It is also stated that there was a police vehicle while they were travelling and that she did not tell to anyone about her of her being forcefully taken away. Learned counsel also submits that petitioner is a nineteen years boy and was studying with the prosecutrix and trial would take long time.;