BANWARI LAL SHARMA,J. - (1.) Petitioner prosecutrix preferred this application for cancellation of bail under Section 439 (2) Cr.P.C. assailing the impugned order dated 30.03.2016 passed by learned Sessions Judge, Jaipur District in criminal misc. second bail application No. 141/2016 (Rinku Choudhary @ Bali v. State of Rajasthan) whereby learned Sessions Judge allowed the bail application of respondent No. 2 accused in the matter of FIR No. 539/2015 at Police Station Mansarovar, Jaipur under Sections 363, 366A, 376 I.P.C. and Section 3/4 of POCSO Act. The brief facts of the case are that petitioner lodged FIR No. 539/2015 at Police Station Mansarovar, Jaipur stating therein that:- ...[VERNACULAR TEXT OMITTED]...
(2.) On the said report FIR No. 539/2015 under Section 3/4 of POCSO Act and Section 363, 366A and 376 I.P.C. was registered and investigation commenced and after investigation police submitted charge-sheet against respondent No. 2 accused wherein trial commenced. Matter is still at the state of prosecution evidence.
(3.) Learned counsel for petitioner complainant Shri S s Mahla submits that the allegation against the respondent No. 2 accused are very serious. The Date of Birth of prosecutrix is 5/12/2000 and the date of incident is 15th August, 22nd September and 7th October, 2015. Therefore, the age of prosecutrix at the time of incident was less than 15 years and prosecutrix in her statement categorically levelled allegation against the respondent No. 2 accused that he committed rape with her repeatedly. He submits that on the same grounds learned Sessions Judge earlier rejected the application of bail of respondent No. 2. Thereafter, without any changed circumstances, the second bail application was allowed vide impugned order dated 30.03.2016. He submits that while allowing the bail application learned Sessions Judge overlooked the provisions of Section 29 of POCSO Act and the fact of minority of prosecutrix and merely on the ground of consent allowed the bail application. While the consent of minor is immaterial, therefore, impugned bail order may be canceled.;