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Order
21/04/2025
1. The instant bail application has been filed by petitioner under
Section 439 Cr.P.C. against the order dated 27.09.2024 passed by
the learned Special Judge, Protection of Children from Sexual
Offences (‘POCSO’), Act, 2012, in connection with FIR No.82/2024
dated 02.06.2024 registered at Police Station Arthuna, District
Baswara for the offences under Sections 363, 366, 344, 376(2)( ढ)
of Indian Penal Code and Section 5(ठ)/6 of POCSO Act, 2012.
2. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case, as there was a consensual
relationship between the petitioner and the prosecutrix. He further
submits that the prosecutrix in her statement under Section 164
Cr.P.C. has stated that on 04.04.2024, when she was on the way
for giving her examinations of 12 th standard, she met two people
who took her into the car to Surat and thereafter, to Maharashtra
and Kanti Lal, the present petitioner, forcefully committed rape
[2025:RJ-JD:19049] (2 of 3) [CRLMB-13322/2024]
upon her and she was kept there in a room for two days.
Thereafter, she was taken to Katumbi and was kept there for two
months in a house by Kanti Lal where he committed rape upon
her. Learned counsel for the petitioner submits that the
prosecutrix in her statement under Section 161 Cr.P.C. has
submitted that she was taken away in a bus to all such places
where rape was committed upon her, which shows clear cut
contradiction in the statements given by the prosecutrix under
Sections 161 and 164 Cr.P.C. Learned counsel for the petitioner,
thus, submits that it is a clear cut case of consensual relationship,
as the prosecutrix has not raised any hue and cry when she was
taken away by the petitioner from Naugama-Sogpura, to Surat,
Maharashtra and Katumbi.
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