NAND KISHOR BANKHEDE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

(2.) The applicant is in jail since 7-2-2020 in connection with Crime No.556/2019, registered at Police Station-Ashoka Garden, District-Bhopal for offence under Sections 376(2)(n) , 506 of IPC read with Section 5 / 6 of Protection of Children from Sexual Offences Act, 2012.

(3.) The case of the prosecution, in short, is that, the prosecutrix was aged about 16 years went to the house of the applicant, who is her Uncle (Mausa). It is alleged in the FIR that the applicant gave sleeping pills to his wife and mother of the prosecutrix and when both of them went in deep sleep then, the applicant sexually abused the prosecutrix and committed sexual intercourse with her. Thereafter, the prosecutrix went back to her house along with her mother. Later on, a dispute arose between the applicant and his wife and his wife consumed some poisonous substance and got admitted in the hospital. The prosecutrix along with her mother again came back to the house of the applicant to see her aunty (Mausi) but she started feeling some pain in her stomach then she narrated the whole story to her mother and reported the matter.