VIJENDRA SINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 265/2022 registered at P.S - Tarana, District- Ujjain (M.P.) for commission of offence punishable under Ss. 363, 366, 376 (2)(n), 354, 506, 34 of IPC and Sec. 5-L, 6, 7 and 8 of POCSO Act.

(2.) As per prosecution story, on 10/06/2022, complainant Dilip Singh lodged a missing person report at police station - Tarana by stating that his minor daughter/prosecutrix is missing from home since 09/06/2022. She left the home by informing that she is going to Bank, but she did not come back. During investigation, it was gathered that co-accused Sanjay abducted the prosecutrix and took her with him at Makshi on motorcycle and kept her in a room and committed rape upon her. Present applicant outraged her modesty and both of them threatened her that they will kill her family members. Thereafter, co-accused Sanjay took her with him at Morvi, Gujrat and repeatedly committed rape upon her.

(3.) Accordingly, the aforementioned offence was registered and he was arrested.