BHERU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard, Case-diary perused.

(2.) This repeat (third) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Bheru who is implicated in connection with Crime No.292/2019, registered at Police Station-Ravti, District-Ratlam, concerning offence under Sections 366 , 376 , 376(2)(i) , of IPC , 1860 and Section 5 / 6 of Protection of Children from Sexual Offences Act, 2012. Earlier two applications were dismissed as withdrawn vide orders dated 10/12/2019 and 17/02/2020 passed in M.Cr.C. Nos.51476/2019 and 3911/2020.

(3.) As per prosecution story, on 18/082019 at about 9.00 pm, the applicant took the prosecutrix in his motorcycle to the hut in the field and committed rape upon her.