ORDER

11/01/2024

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.132/2023 registered at Police Station Baytu, District Barmer, for offences under Sections 363, 366-A, 342, 376(2)(n) (i), 376(3) IPC, 5(1)/6 of POCSO Act.

Learned counsel for the petitioner submitted that the petitioner, who is aged about 23 years and is a student of MBBS, is in judicial custody for the above-mentioned offences. Learned counsel submitted that as a matter of fact, the petitioner and prosecutrix were in consensual relationship. The prosecutrix on 1.8.2023 voluntarily eloped with the present petitioner using public transportation. The prosecutrix thereafter travelled with the petitioner to various places using public transportation and stayed with the petitioner in the hotels situated in thickly populated areas. Learned counsel submitted that the prosecutrix despite having ample opportunities did not disclose the factum of she being abducted or subjected to sexual assault to anyone. Thus, an inference can be drawn that she was neither forcibly abducted nor she was subjected to sexual assault by the present petitioner