Criminal Procedure Code, 1973
Section 439—Bail—Case of kidnapping and rape of minor—FIR registered under Sections 363/376 of IPC and Section 4 of the POCSO Act—Prosecutrix, who is a material witness, has not supported the case of prosecution—It appear from her deposition that she was in romantic relationship with petitioner—No doubt that victim is a minor and MLC does not rule out the possibility of sexual assault but what weightage is to be given to the MLC in the light of the testimony of the prosecutrix, is something for the trial court to decide after conclusion of the trial—While considering the bail application, the testimony of the prosecutrix, who has not supported the case of the prosecution, cannot be ignored—Petitioner is in custody for last more than ten months and there is no criminal history of petitioner—Testimony of prosecutrix has already been recorded, there cannot be any apprehension about the main witness being influenced—Petitioner has made out a case for grant of regular bail—Application allowed.
[Paras 11 to 14, 17 to 23]