JUDGEMENT

1. The petitioner has sought bail in a case arising out of FIR No. 183/2020 for offences under Sections 212, 343, 363, 376-D and 109 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offence Act, 2012 (for short the POCSO Act) registered with Police Station, R.S. Pura, Jammu.

2. As per the case of the prosecution, the petitioner herein was having an affair with the prosecutrix who was aged less than 18 years at the relevant time. It is alleged that the petitioner/accused used to torture the prosecutrix so as to coerce her into commission of sexual intercourse. On 05.09.2020 when the prosecutrix had gone to the house of her maternal aunt, petitioner-accused called her on telephone. The prosecutrix went out to meet the petitioner but he forcibly made her to board a vehicle. According to the prosecutrix, the petitioner was accompanied by two more persons, namely, Tariq and Sonu. She was taken to Dharmari where she stayed in a house belonging to a relative of Tariq. In the said house, the petitioner tortured the prosecutrix and committed rape upon her for three-four days. The prosecutrix was recovered from the custody of the petitioner by the Police.

3. Learned