HARIRAM KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant in connection with Crime No.114/2018 registered at Police Station Khargapur, District Tikamgarh for the offences punishable under Sections 363 , 366 , 376 and 307 of the Indian Penal Code and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012.

(2.) The first bail application of the applicant i.e. M.Cr.C. No.43244/2018 has been dismissed as withdrawn vide order dated 30.11.2018 with liberty to file a fresh application after filing of DNA report by the prosecution.

(3.) The case of the prosecution is that, on 11.07.2018 some altercation was taken place in the house of the prosecutrix between her parents and her relatives Mukundi and Lakhan. She was also beaten by them. When the prosecutrix was going to lodge the report of the incidence at Police Station, she was intercepted by the applicant at Mill Road and on the promise of taking her to Police Station had taken her to forest of vicinity where he committed repeated forceful intercourse with her. He also assaulted her by throttling and pelting stone on her. On 12.07.2018 in the morning matter was reported to the Police and the Policeman has taken her from the place of incidence to the hospital where her medical examination was conducted. Dehati Nalishi was recorded. Her dying declaration was also recorded by an Executive Magistrate. On that basis, crime under the aforementioned offence has been registered against the applicant.