Irfaan S/O Rahees vs State Of Rajasthan
2021 Latest Caselaw 2119 Raj/2

        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

(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

Powered by TCPDF (www.tcpdf.org)