(1.) 1. It is an application under Section 439 of the Code of Criminal Procedure after the chargesheet is filed. Accused is an undertrial prisoner. In a complaint lodged with Vijapur police station being CR No.I-54 of 2012 for the offences punishable under Sections 363,366,376 and 114 and Section 506(2) of the Indian Penal Code.
(2.) IT is the case of prosecution that on 10.4.2012, the complainant had received telephone call from the trustee of the school to come to Sapteshwar. On reaching Septeshwar, complainant was informed by one Dineshbhai Gandabhai Patel that 3 girls and 2 boys had gone to Sapteshwar in school uniform.
(3.) LEARNED Additional Public Prosecutor has been heard and he has not disputed the facts that the applicant is not having any criminal antecedence.