(1.) This is first application under Sec. 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.384/2021, registered at Police Station Suwasara, district Mandsaur, under Ss. 363, 366, 367, 376(2)(N), 368, 109, 34 of IPC and under Sec. 5(L)/6, 17 of POCSO Act.
(2.) Considering the statement of the prosecutrix that she has not levelled any allegation of rape against the present applicant and the only allegation against the present applicant is that he made arrangement of the stay.
(3.) Learned counsel for the applicant submits that the main accused is Niraj and there is no allegation of rape against the present applicant. The age of the prosecutrix is 17 years and 9 months.