HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
10536/2021
Phool Chand Gurjar S/o Kanhaiya Lal, R/o Vill. Budadeet Tehsil
Degode Dist. Kota Raj. (At Present Confined In J.c. At Central Jail
Kota)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kaleem Ahamed Khan For Respondent(s) : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 11/08/2021
1. Petitioner has filed this second bail application under Section 439 Cr.P.C.
2. F.I.R. No.54/2020 was registered at Police Station Borkheda, Kota for offence under Sections 363 & 366 I.P.C.
3. It is contended by counsel for the petitioner that statement of prosecutrix has been recorded. As per the statement, she did not raise any alarm when she stayed with the petitioner. She has also stated that at one time she had sexual relations with consent and on the next occasion, she did not give consent for sexual intercourse. It is also contended that date of birth of the prosecutrix, when she first joined the school was not produced to establish the age of the prosecutrix instead the date of birth certificate of the school in which prosecutrix joined in class six, (Downloaded on 13/08/2021 at 09:36:39 PM) (2 of 2) [CRLMB-10536/2021] was produced in which the date of birth is 19.02.2004.
4. Learned Public Prosecutor has opposed the second bail application. It is contended that from the record submitted before the trial Court, it is evident that prosecutrix was aged sixteen years. As per date of birth certificate in the school in which prosecutrix joined in class six, the date of birth is 19.02.2004. Prosecutor was aged sixteen years at the time of the alleged incident and consent is immaterial. Since in the Court statement she has levelled allegation of rape against the present petitioner, hence petitioner is not entitled to bail.
5. I have considered the contentions.
6. Taking note of the fact that prosecutrix in her statement has stated that she was raped by the petitioner and since prosecutrix is a child, consent is immaterial, hence no ground is made out for entertaining the second bail application.
7. This second bail application is, accordingly, dismissed.
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