In this third bail application, the High Court dismissed the plea filed by a petitioner accused of serious offences against a child, including rape and POCSO, upholding the gravity of the charges despite doubts in prosecution evidence.
Petitioner's third bail application under Section 439 Cr.P.C. is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 10047/2022
Raman Thakur S/o Ravindra Thakur, Aged About 30 Years, R/o Village Bilona, Police Station Basopatti, District Madhubani (Bihar) ( At Present Confined In Centra Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Amit Punia For Respondent(s) : Mr. Sher Singh Mehla, PP Mr. Shyam Singh Yadav for complainant
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
25/07/2022
This third bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 547/2019 registered at Police Station Karghani, District Jaipur for the offences under Sections 363 of IPC and charge-sheet has been filed for offences under Sections 363 & 366 of IPC and Section 5(L)/6 of the Protection of Children From Sexual Offences Act, 2012 in addition Sections 376(2-N), 376(3) and 377 of IPC and Section 5(N)/6 of Protection of Children From Sexual Offences Act in additional Section 376(2F) and Sections 5(J-II)/6 and 11(5)/12 of POCSO Act in addition Section 354(A)(1)(I) of IPC.
It is submitted by learned counsel for the petitioner that the entire case is based on false and concocted story of the
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[CRLMB-10047/2022]
prosecutrix. As per the prosecution evidence, no offence of rape is made out against the petitioner. The petitioner is aged about 30 years and he is in judicial custody since long. During the course of trial, statement of PW-7, the mother of prosecutrix was recorded and looking to her cross-examination, the bail application of the petitioner may kindly be granted.
Learned Public Prosecutor as well as learned counsel for the complainant has opposed the bail application.
It is further submitted by learned counsel for the complainant that as per mark-sheet of Secondary Examination, 2020 of victim and letter of New Bright Future Academy Senior Secondary School dated 15.07.2019, the date of birth of victim is 07.01.2004 and she got admission in that school in 7th class as per her transfer certificate.
Heard and perused the material available on record.
First bail application of the petitioner was dismissed by this Court vide order dated 26.05.2021. As per FIR, victim is 15 years of age
During trial, the prosecutrix has been examined on
18.09.2021 as PW-1 wherein, she has stated her age is 17 years and she is not a hostile witness. As per mark-sheet of Secondary Examination, 2020 of victim and letter issued by New Bright Future Academy Senior Secondary School, Jaipur dated 15.07.2019, her date of birth is 07.01.2004.
PW-7, mother of victim, in her examination-in-chief, has categorically deposed that her daughter-victim was studying in 10th class at the time of alleged incident and aged 15 years. Although, in her cross-examination, she has stated that she got
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the date of birth of her daughter changed from 07.03.2001 to 07.01.2004 but she further stated that she got married in the year 1994 and she is having four children, first and second child were born in 1997 and 2000 respectively, third female child was born in 2004 and fourth child in 2009.
Therefore, looking to the overall facts & circumstances and gravity of the offence, but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.
Accordingly, the third bail application under Section 439 of Cr.P.C. is dismissed.
(CHANDRA KUMAR SONGARA),J
PAYAL/17
2 issues framed by the court
Whether to grant bail to a petitioner accused of offences under IPC Section 363, 366, 376, 377 and POCSO.
Whether the age of the prosecutrix and reliability of prosecution evidence warrant bail.
1 provisions across 1 enactments
Raman Thakur
State Of Rajasthan
CHANDRA KUMAR SONGARA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
