ARUN Vs. STATE OF M. P.

JUDGEMENT

(1.) This is first application under Sec. 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.5/2021 registered at Police Station Civil Line, Dewas under Sec. 366, 363, 376(3), 376(2)(n) of the IPC and Sec.5(L)/6 of POCSO Act.

(2.) Learned ounsel for applicant submits that from reading the statement of the prosecutrix u/S.164 Cr.P.C, it is clear that she was a consenting party. She has also married the present applicant. The date of birth recorded in Aadhar Card is 5/10/2003 and she was major on the date of the incident.

(3.) Counsel for State submits that the age of the prosecutrix as per the school scholar register is 11/5/2006 and, therefore, she was minor on the date of the incident.