RAKESH @ RAKESH (ENGINE) vs STATE OF RAJASTHAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(RAJ) 355

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAKESH @ RAKESH (ENGINE) – Appellant
Versus
STATE OF RAJASTHAN – Respondent

Advocates:
Mr. Ranjeet Joshi, Mr. Kapil Bissa, Mr. Sharwan Singh Rathore, PP

Order :

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.132/2024 registered at Police Station Borunda, District Jodhpur Rural for offences under Sections 78(1) of BNS; Section 5(g)/6 of POCSO Act ; and 3(2)(v) of SC/ST Act .

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

3. Drawing attention of the Court towards the FIR and the statements of the victim ‘S’ recorded under Section 183 of B NSS , learned counsel for the petitioner submitted that as per the victim ‘S’ on the date of alleged incident her sister-in-law- Saroj called the petitioner to their house, thereafter, on being asked by her he committed sexual assault upon the victim ‘S’. Learned counsel submitted that the statements of the victim recorded under Section 183 B NSS clearly indicate that the FIR has been lodged after a delay of four months from the date of alleged incident. Learned counsel for the petitioner submitted that no plausible explanation has been furnished by the victim ‘S’ for lodging the FIR after a delay of about four months. Learned counsel fu

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