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6. It is also submitted that to constitute an offence under relevant provision of Indian Penal Code and P.O.C.S.O. Act, the requisite mens rea is required, which is absent in the instant case. It is also argued with considerable force and in this regard a communication of date 12.07.2023 allegedly sent by the Superintendent, District Jail, Pratapgarh has also been highlighted in order to show that the mental status of the applicant is not stable and therefore, he is entitled to be given the benefit of Section 330 of the Cr.P.C.

9. It is also submitted that there are independent witnesses, whose statement have also been recorded by the investigating officer, who have corroborated the allegations as occurred in the statement of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. and thus having regard to the fact that the brutality has been committed with an innocent girl of 6-7 years, applicant is not entitled to be released on bail.

10. Having heard learned counsel for the parties and having perused the record, it is evident that the F.I.R. of this case has been lodged by the mother of the prosecutrix on 09.01.2023 stating therein that on 08.01.2023 at about 06:00pm. when the prosecutrix aged about 7 years was playing in the backyard of the house, the accused/applicant had taken her to some lonely place and started molesting her and inserted his hand into her undergarments and despite the resistance shown by the prosecutrix and the neighbour Shubham, who had arrived there, also attempted to rescue the girl but accused did not leave the prosecutrix and attempted to rape her. These allegations have been fortified by the child in her statement recorded under Sections 161 and 164 Cr.P.C. The statement of the prosecutrix was also video-graphed as provided under Section 161(3) Cr.P.C., wherein she has also stated the similar story. There are other witnesses, whose statement have been recorded by the investigating officer, who have also fortified the incident. The minor contradictions, which have been highlighted by learned counsel for the applicant pertaining to the place of occurrence could only be appreciated by the trial court at the stage of trial and it would not be in the interest of justice for this Court to have opined anything with regard to the same. So far as the applicability of Section 328-330 Cr.P.C. is concerned, the same is required to be seen by the trial court as proper application in this regard is required to be moved by the accused, who is claiming insanity and thereafter the procedure as prescribed under Section 328-329 Cr.P.C. would follow and it is only after adoption of this procedure any order could be passed under Section 330 Cr.P.C. Thus in nutshell it would not be proper for this Court to embark upon the jurisdiction, which, in the considered opinion of this Court, is earmarked for the trial court as this Court is only considering the plea of bail of the applicant.