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2013 Supreme(Raj) 2166

SANDEEP MEHTA
Imran Qureshi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:S.P. Sharma, Advocate.
For the Party: Anil Upadhayay, Public Prosecutor.

JUDGMENT

1. - The instant bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 165/2013, registered at the Police Station Sursagar for the offences under Sections 363, 366, 376 I.P.C., Section 3/4 of the POCSO Act and Section 3(1)(12) of the SC/ST (Prevention of Atrocities) Act.

2. Learned Counsel for the petitioner submits that the prosecutrix has given highly contradictory statements in the F.I.R., in her statement recorded under Section 161 Cr.P.C. on 2.7.2013, in her statement recorded under Section 164 Cr.P.C. on 5.7.2013 and in her subsequent statement recorded under Section 161 Cr.P.C. on 14.8.2013. He submits that in the F.I.R., the incident of rape is alleged to have taken place near the railway station, whereas, as per the statement of the prosecutrix recorded under Section 164 Cr.P.C., the incident of rape is alleged to have been taken place called Dhingana. In the F.I.R. and in the statement recorded under Section 164 Cr.P.C., the prosecutrix alleged that the petitioner took her away on a motorcycle, whereas, in the statement recorded under Section 161 Cr.P.C. on 14.8.2013, she stated that the petitioner









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