DHARMENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is First bail application under Sec. 439 of Cr.P.C. who are in custody since 21/6/2022 in connection with Crime 347/2022 registered at P.S. Narsinghgarh, District Rajgarh for the offences punishable under Sec. 363, 366-A, 376(2)(N), 344 of IPC and 5/6 of Protection of Children From Sexual Offence Act, 2012.

(2.) As per prosecution story, a missing person report was lodged at the instance of father of the prosecutrix. The prosecutrix went missing on 6/6/2022, the suspicion has been shown against the applicant that he has eloped the prosecutrix. Thereafter, she was recovered from the custody of this present applicant on 20/6/2022. Both were medically examined, after verification of her age, other offence have been registered against the applicant. After completing the investigation, charge-sheet was filed,

(3.) Learned counsel for the applicant submits now the prosecutrix has been examined before the Court as PW-1 on 27/9/2022 in which she has disclosed her age 19 years. She has denied examination as well as statement before the Magistrate. She also denied her signature in the statement recorded under Sec. 161 of Cr.P.C.