Singara Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.83/2023 registered at Police Station Raisinghnagar, District Sri Ganganagar, for offences under Sections 3(a)(c) read with 5(N)/6 of the POCSO Act in alternative Section 375(a)(c) read with Section 376(A)(B) IPC and Section 5(M)/6 POCSO Act in alternative Section 376(2)(F) IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per prosecution, minor prosecutrix has been adopted by one Kashmiro, wife of Boota Singh. It was submitted that Kashmiro on 31.03.2023, at about 1-1:30pm, heard the prosecutrix crying in a field, upon which, she rushed to the spot and found that the present petitioner is committing sexual assault upon the minor prosecutrix.

Drawing attention of the Court towards the statements of Doctor (PW-4), who medically examined the prosecutrix, recorded before competent criminal court on 21.07.2023, learned counsel submitted that aforementioned witness during the course of statements, has stated that hymen of the prosecutrix was found intact and no redness/swelling was found on the private parts of the prosecutrix.

Attention was further drawn towards the statements of Kashmiro (PW-7) recorded before competent criminal court, to submit that she has not supported the prosecution story and has turned hostile. Further attention was drawn towards the Court statements of prosecutrix (PW-1) to state that though, in the chief examination, she has maintained the allegation of sexual assault being committed upon her by the present petitioner but during the course of cross examination, she has admitted that she was asked to give statements against the present petitioner before police and Court by Kashmiro.

Learned counsel on the strength of submissions advanced, urged that the petitioner who is neighbour of Kashmiro and the prosecutrix has been falsely implicated in the present case owing to previous animosity between the parties. Learned counsel submitted that it is highly improbable that a minor girl of four years would not sustain any injury, if she is subjected to forcible sexual assault by a major mature man. Learned counsel submitted that the petitioner is in custody since 29.09.2022; statements of the prosecutrix and other material witnesses have already been recorded before competent criminal court, therefore, there are no chances of the petitioner influencing the witnesses or tampering with the evidence. The trial of the case is not likely to be concluded soon and therefore, the petitioner may be granted bail.

Per contra, learned Public Prosecutor vehemently opposed the application for bail and submitted that looking to the seriousness of the accusations against the present petitioner, he does not deserve to be enlarged on bail.

Having considered facts and circumstances and having perused the statements of the material witnesses recorded before competent criminal court, this Court prima facie finds that no injuries were found on the private parts of the minor prosecutrix; sole eye-witness of the incident Kashmiro has turned hostile; minor prosecutrix during cross examination stated that she had made statements before police and Court, as told to her by her mother Kashmiro. This Court also prima facie finds that since the statements of prosecutrix have already been recorded, there are no chances of the petitioner influencing the victim.

Thus, considering the facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Singara Singh S/o Jetha Arm arrested in connection with F.I.R. No.83/2023 registered at Police Station Raisinghnagar, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.