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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Dinesh S/o Mangilal – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. introduction of bail application details. (Para 1) |
| 2. defense arguments contest prosecution's evidence. (Para 3 , 4 , 6 , 7) |
| 3. prosecution asserts victim's minor status. (Para 8) |
| 4. court notes discrepancies in evidence presented. (Para 9 , 10 , 12) |
| 5. legal precedent on age determination discussed. (Para 11) |
| 6. court grants bail due to uncertainty. (Para 13) |
| 7. order for bail issued. (Para 14) |
| 8. observations limited to bail application. (Para 15) |
ORDER :
MUKESH RAJPUROHIT, J.
1. The instant application for bail under Section 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matterare tabulated herein below:
| S. No. | Particulars of the case | |
| 1 | FIR Number | 56/2025 |
| 2 | Police Station | Bhawanda |
| 3 | District | Nagaur |
| 4 | Offences alleged in the FIR | u/s 64(1), 74, 79 & 3(5) of B.N.S., Sections 3 & 4 of POCSO Act, 2012 and Sections 3(1)(w)(i) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 |
| 5 | Offences added, if any | u/s 332(B) of B.N.S. |
2. Heard learned Senior Counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant.
3. Learned Senior Counsel for the petitioner submits that the p
The court emphasized the need for conclusive evidence for age determination in sexual offences, preferring statutory documents over inconsistent records, thereby reinforcing the accused's benefit of ....
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
Bail – Under POCSO Act, age of victim is decisive factor – If victim is below 18 years of age, law presumes that she is incapable of giving valid consent.
The testimony of the prosecutrix in sexual assault cases is crucial and can be sufficient for conviction, with the presumption of guilt under the POCSO Act placing the burden of proof on the accused.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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