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DELHI HIGH COURT
TALWANT SINGH
Mohan Singh Jogi @ Mohini – Appellant
Versus
State (NCT of Delhi) – Respondent


JUDGMENT

Talwant Singh, J. This is an application for grant of bail moved by the present petitioner, who is an accused in FIR No. 793/2018 under Section 363/376 IPC & 6 POCSO ACT, registered at PS Jaitpur (South East).

1.1. The case of the prosecution is that on 23.12.2018, a missing complaint was lodged by the father of the prosecutrix and on 05.02.2019, the father of the prosecutrix came to the Police Station along with the prosecutrix and her mother and told ASI Bhagwan Das that his daughter had come to her home in Rajasthan on 04.02.2019 and she told her mother that one Mr. Mohan alias Mohani (the present petitioner) had taken her away by alluring her and he had made physical relations with her forcefully and on the basis of the said statement, Section 376 IPC and Section 6 POCSO Act were added to the FIR.

1.2. As per the petitioner, he and the prosecutrix were having a love affair. Both of them had secretly married each other and started living as husband and wife, which is clear from the statement of PW5, who is the owner of the premises, where petitioner and prosecutrix lived together.

1.3. The prosecutrix wanted to marry the accused/applicant but her parents were not rea

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