JUDGMENT

Pankaj Bhandari, J. - Petitioner has filed this third bail application under Section 439 Cr.P.C.

2. F.I.R. No.536/2019 was registered at Police Station Sadar Hindon Dist. Karauli for offence under Sections 354(A) & 354(B) I.P.C. and Sections 7, 8, 11, 12 of POCSO Act and Section 67b of I.T. Act.

3. It is contended by counsel for the petitioner that prosecutrix is changing her statement. Statement recorded under Section 164 Cr.P.C. has infirmity with the statement recorded before the Court. It is also contended that in the statement recorded before the Court, prosecutrix has alleged that she was raped on two occasions, this fact is not raised in the statement recorded under Section 164 Cr.P.C. It is further contended that co-accused against whom there was allegation of recording, has not been made an accused in this case. It is also contended that the year of occurrence has also been changed by the prosecutrix. At the time when statement was recorded, she was major.

4. Learned Public Prosecutor has opposed the third bail application. It is contended that prosecutrix was a child at the time when the offence was committed and in her statement recorded under Section 164 Cr.P.C., s