DEEPAK 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 28/10/2022 in connection with Crime No.252/2021 registered at Police Station Bhanpura, District Mandsaur (M.P.) for commission of offence punishable under Ss. 363, 366, 376(2) (n), 376(3) of IPC and Ss. 5(l)/6 and 5(j)/6 of POCSO Act.

(2.) Prosecution case, in brief, is that on 9/10/2022 applicant abducted a minor prosecutrix, aged about 15-16 years and thereafter committed rape upon her repeatedly.

(3.) Learned counsel for the applicant submits that the prosecution has failed to produce any document with regard to the age of the prosecutrix. The school Scholar Register entry produced on record is of 8th standard. Prosecutrix in her statement recorded during investigation under Sec. 164 of Cr.P.C. has admitted that she voluntarily went with the applicant and they have solemnized marriage. They have blessed with a baby girl also and has lived together. Prosecutrix's mother also stated so. No offence is made out against the applicant. His custodial trial is not required. Therefore, he be released on bail.