Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Rape of minor—FIR registered under Section 376/323/506/34 of IPC and Section 6 of the POCSO Act—As far as the delay in lodging the FIR is concerned, the same has been explained by the complainant in her complaint wherein she states that after she returned to her native village and gained a little maturity, she spoke with some people about the incident and decided to take action—Thereafter, she explains the delay stating that she got in touch with an NGO, which helped her to register the present FIR—A perusal of the FIR reflects that allegations qua the applicant are also in nature of forcible physical relations with the victim on many occasions along-with his brother-in-law—It is not the case of the applicant that the FIR got registered due to some previous enmity between the parties or on account of some other extraneous reasons or that the accusations have been made with object of injuring or humiliating the applicant—Applicant is evading his arrest and not cooperating with the investigation—Process under Section 82 of CrPC has also been initiated against applicant—Bail declined.
[Para 7]