RAVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17/11/2022 in connection with Crime No.1168/2022, registered at Police Station Manawar, District- Dhar (M.P.) for commission of offence punishable under Sec. 363, 366-A, 376, 376(2)(k), 376(2)(n) and 344 of IPC and Sec. 3/4, 5(L)/6 of POCSO Act.

(2.) Prosecution story in brief is that on 4/10/2022 applicant kidnapped and abducted minor prosecutrix aged about 16 years and 2 months kept her captivated and committed rape upon her repeatedly. Accordingly, case has been registered.

(3.) Learned counsel for the applicant submits that initially missing person report / FIR was lodged against the unknown persons. After about one and a half month of the incident prosecutrix was recovered and thereafter, crime was registered against the applicant. He further submits that prosecution has not submitted any other documents except school scholar register of the prosecutrix with regard to the age. The school scholar register entry submitted by the prosecution is of 9th standard. Prosecution has failed to prove the fact that prosecutrix is minor at the time of the incident and she voluntarily went with the applicant and lived with him for about one and half month hence, no case is made out against the applicant. Applicant is in custody since 17/11/2022. The conclusion of trial will take considerable long time, therefore, he may be enlarged on bail.