HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Third Bail Application No.
2242/2021
Irfaan S/o Rahees, R/o Kutakpur Ps Sadar Hindon Dist. Karauli
(Presently In Dist. Jail At Karauli)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chandi Charan Ratnu For Respondent(s) : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 04/03/2021
1. Petitioner has filed this third bail application under Section 439 Cr.P.C.
2. F.I.R. No.536/2019 was registered at Police Station Sadar Hindon Dist. Karauli for offence under Sections 354(A) & 354(B) I.P.C. and Sections 7, 8, 11, 12 of POCSO Act and Section 67b of I.T. Act.
3. It is contended by counsel for the petitioner that prosecutrix is changing her statement. Statement recorded under Section 164 Cr.P.C. has infirmity with the statement recorded before the Court. It is also contended that in the statement recorded before the Court, prosecutrix has alleged that she was raped on two occasions, this fact is not raised in the statement recorded under Section 164 Cr.P.C. It is further contended that co-accused against (Downloaded on 11/03/2021 at 08:50:55 PM) (2 of 2) [CRLMB-2242/2021] whom there was allegation of recording, has not been made an accused in this case. It is also contended that the year of occurrence has also been changed by the prosecutrix. At the time when statement was recorded, she was major.
4. Learned Public Prosecutor has opposed the third bail application. It is contended that prosecutrix was a child at the time when the offence was committed and in her statement recorded under Section 164 Cr.P.C., she has levelled allegation with regard to rape against the petitioner.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the State, I am not inclined to entertain the third bail application.
7. This third bail application is, accordingly, dismissed.
(PANKAJ BHANDARI),J ARTI SHARMA /22 (Downloaded on 11/03/2021 at 08:50:55 PM) Powered by TCPDF (www.tcpdf.org)