ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO. 11210023231369 of 2023 registered with Khatodara Police Station, Surat for offence under Sections 376 (2)(J), 376(2)(N) & 376(3) of the Indian Penal Code, 1860 and Sections 4, 5(J) (2), (L), 6, 8 and 12 of the POCSO Act.

2. Learned advocate appearing on behalf of applicant has submitted that in present case, the investigation is over and charge-sheet has been filed. The age of the prosecutrix at the time of incident was 15 years. After registration of the FIR, the parties have arrived at amicable settlement and the first informant has no objection, if the present applicant is ordered to be enlarged on bail.

2.1 Learned advocate appearing on behalf of applicant has submitted that in the history given by the prosecutrix before the Doctor, she had stated that the sexual intercourse between her and the present applicant had taken place with her consent. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present application, inter alia, contending that the age of the victim was 15 years at the relevant time, and therefore, her consent would be immaterial. He also submits that the victim got pregnant because of the physical relations between her and the present applicant and DNA of the fetus had matched with the DNA of the present applicant. Thus, the involvement of the present applicant in the offence has been prima facie established. He, therefore, submitted to dismiss the present application.

4. Learned advocate for the original complainant has submitted an affidavit of the original complainant, wherein it is stated that he has no objection, if the applicant is ordered to be enlarged on bail since the matter is amicably settled between the parties. He, therefore, submitted to pass an appropriate order in present application.

5. Learned advocate Mr.Siddharth Parashar is permitted to his appearance on behalf of original complainant before the Registry of this Court.

6. Heard learned advocates for the parties and perused the material available on record. At the outset, it is required to be noted that the age of the prosecutrix at the relevant time was merely 15 years. The statement of the victim has been recorded by the Investigating Officer during the course of investigation, wherein she has stated that in the month of October, 2023, the present applicant had called her at his place when he was alone at his residence and had established physical relations with her forcibly. Thereafter, again after the month, he had established physical relations with her against her wish forcibly.

7. From the record, it also appears that because of physical relations between the present applicant and the prosecutrix, the prosecutrix got pregnant at the age of 15 years and as submitted by learned APP, the DNA fetus and the present applicant had matched.

8. Having regard to the aforesaid aspects, no case is made out to release the present applicant. Hence, the present application stands dismissed. (M. R. MENGDEY,J)

GIRISH