Rohit vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Rohit is in judicial custody in FIR No.326 of 2022, under Sections 452, 376, 506 IPC and Section 5/6 of the Protection of Children from Sexual offences Act, 2012, Police Station Transit Camp, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the applicant and perused the record.

According to the FIR, on 26.08.2022, at 4:00 in the morning, the applicant raped the victim, a young girl of 14 years of age.

Learned counsel for the applicant would submit that the applicant and the victim both were in relationship, which is evident from the statement of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973.

Learned State Counsel would submit that the victim is minor and her consent has no signification.

According to the prosecution case, the victim is a young girl of 14 years of age. The victim has stated that the applicant established physical relations with her on multiple occasions. The consent of a child has less value in such matters.

Having considered, this Court is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.