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2021 DIGILAW 399 (RAJ)

Pratap Singh v. State of Rajasthan

2021-02-16

PANKAJ BHANDARI

body2021
JUDGMENT : Pankaj Bhandari, J. 1. Appellant has preferred this appeal aggrieved by order dated 26.11.2020 passed by Special Judge POCSO Act, 2012 Cum Child Right Protection Commission Act 2005 No. 1 Bharatpur, whereby, bail application filed by the appellant under Section 439 Cr.P.C. was rejected. 2. F.I.R. No. 04/2020 was registered at Police Station Lakhanpur (Bharatpur) for offence under Section 354(B) I.P.C., Sections 7 & 8 of POCSO Act and Section 3(1)(w)(i) of SC/ST Act. 3. It is contended by counsel for the appellant that police has filed charge-sheet under Section 376 IPC read with Section 511 of IPC and Sections 7 & 8 of POCSO Act. It is also contended that appellant was contesting the election of Sarpanch, and to create hindrance, a false case has been registered against him. It is further contended that there are discrepancies in the statement recorded under Sections 161 & 164 of Cr.P.C. Initially, police came to the conclusion that offence is not made out. 4. Learned Public Prosecutor and counsel for the complainant have opposed the appeal. It is contended that prosecutrix is eight years old child, who has specifically narrated the incident which took place with her. She has stated that appellant had locked her in a room and when her sister informed her father, he reached the place of occurrence and appellant ran away. It is further contended that there is no reason to disbelieve the statement of victim who is a child aged eight years. 5. I have considered the contentions. 6. Considering the contentions put forth by counsel for the State, I am not inclined to entertain the appeal. 7. Criminal Appeal is, accordingly, dismissed.