BALRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned PL informs that notice has duly been served to the prosecutrix.

(2.) Applicant has filed this second bail application under Sec. 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 149/2022 registered at P.S - Malawar, through AJK Rajgarh, (M.P.) for commission of offence punishable under Ss. 363,366,376(2)(n),376(3) of IPC , u/s 3/4,5/6 POCSO Act 2012, and u/s 3(1) and (2) , 3(2)(5) of SC/ST Act As per prosecution story,The father of the prosecutrix lodged a missing report on dtd. 07/07/2022 regarding missing of her daughter. On the basis of such missing report, police station Malawar registered Cr. No. 149/2022 and during investigation police recovered prosecutrix on dtd. 09/07/2022, where prosecutrix alleged that the applicant alluring her on pretext of marriage and committed rape.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant's earlier application has been dismissed as withdrawn. He is 23 years young person and sole bread earner in her family. Investigation is almost over therefore, no further custodial interrogation of the applicant is required. Statement of the prosecutrix under sec. 164 of Cr.P.C has been suppressed by the prosecution and deliberately not filed the same along with the charge-sheet. The prosecutrix stated in her statement under sec. 164 of Cr.P.C that present applicant did not committed any rape upon her and sent her back to her home.