High CourtsSingle Bench

Jameel @APPELLANT@Hash State Of Rajasthan

Rajasthan High Court · Decided on 5 March 2018 · Citation: (2018) 03 RAJ CK 0003

HON’BLE JUDGES
PANKAJ BHANDARI, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376 · Protection of Children from Sexual Offences Act (POCSO), 2012 — Section 3, 4
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail No. 1715 of 2018
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Judgment

9 paragraphs · 137 words
1.

Petitioner has filed this bail application under Section 439 Cr.P.C.

2.

F.I.R. No 317/2017 was registered at Police Station Mahesh Nagar, jaipur for offence under Sections 376 of I.P.C. and under Section 3/4 of the

POCSO Act, 2012.

3.

It is contended by counsel for the petitioner that prosecutrix was having love affair with the petitioner and petitioner has been made an accused only

because a love letter was recovered from the prosecutrix.

4.

Learned Public Prosecutor has opposed the bail application. His contention is that prosecutrix is aged twelve years. In her statement under Section

164 Cr.P.C., she has specifically alleged that petitioner has committed rape with her.

5.

Considering the contentions put forth by counsel for the State, I am not inclined to allow the bail application.

6.

This bail application is, accordingly, rejected.