- (1.) The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.43/2015, registered at Police Station Gachipura, District Nagaur for the offences under Sections 363 and 376(D) of the IPC and Section 3/4 of the POCSO Act.
(2.) Learned counsel for the petitioner submits that the entire prosecution story is false and concocted. The victim Mst. 'Ch' was allegedly kidnapped by the petitioner on
(3.) 05.2015. Her father Khema Ram lodged a written report at Police Station Gachipura wherein, it was alleged that the petitioner kidnapped his minor daughter and took her away on a motorcycle. The incident was allegedly seen by Ganesha Ram, the brother of the first informant. The girl was recovered and examined under Section 161 Cr.P.C. on 01.06.2015. In the said statement, she clearly stated that she was intimate with Roopa Ram for the last 2 -3 years. She decided to marry him. She called him on his mobile. Accordingly, Roopa Ram came to their field on a motorcycle. She called him and asked him for his location. 3.Then she accompanied Roopa Ram on his motorcycle and went with him to the village Butati. At the village Butati, they rented a room in the hotel and stayed there in the night. She categorically stated that Roopa Ram did not establish any physical relations with her. On the next date, they boarded a bus and went to Jodhpur. There, they stayed in a hotel in the night. From Jodhpur, they took a train and went to Ahmedabad. There, they stayed at the Rajdhani Hotel for 15 days. On 18.05.2015, they went to Mumbai and stayed there in a hotel. They came to Jaipur on 29.05.2015. There, Roopa Ram ran out of money on which, they called Anna Ram on phone. Anna Ram advised them to go to Police Station Gachipura. She talked to Anna Ram and requested that she required his help because she was afraid to go to the Police Station Gachipura all alone. Anna Ram came to Jaipur on 31.05.2015 and brought her to Gachipura in a car. She categorically stated at the end of the statement that Roopa Ram did not establish physical relations with her and that she had gone with him of her own free will. It appears that the custody of the girl was handed over to her parents. Thereafter, she was examined under Section 164 Cr.P.C. wherein, she changed the entire story and alleged that Roopa Ram forcibly kidnapped her and took away in a Bolero vehicle. She was taken to various places after administering some intoxicant to her in food. Roopa Ram subjected her to forcible intercourse at Surat. One Bhanwar Lal also committed rape with her. Then, she was taken to Jaipur where, Anna Ram came and took her to Nawa. There, she was again administered some intoxicant and was kept under sedation for about 8 to 10 days. Anna Ram then again took her to Jaipur and subjected her to rape. She was kept at Jaipur for about 10 -15 days. Her ornaments were taken away by Anna Ram. Thereafter, Roopa Ram and Anna Ram both engaged a vehicle and brought her to Borawar. She was then handed over to a policeman by Anna Ram with an instruction to record her favourable statement at any cost. The policeman allegedly did not record her statement faithfully. Thereafter, the petitioner was arrested and has been remanded to judicial custody. During the intervening period, the father of the girl filed a DB Civil Writ (Hapeas Corpus) Petition No.5353/2015 wherein, the girl was produced before this Court on 02.06.2015. This Court categorically recorded in its order that the girl did not make any allegations against the fourth respondent i.e. Roopa Ram.;