KRISHNA KUMAR TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant is in custody since 29.7.2013 in connection with Crime No. 333/2013 registered at Police Station, Rehli, District Sagar for the offences punishable under sections 342, 376, 506 of Penal Code and section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Learned counsel for the applicant submits that the applicant is a youth of 23 years of age, who has no criminal past alleged against him. He is falsely implicated in the matter. It is alleged that the applicant had committed rape upon the prosecutrix, aged 13 years. However, the ossification report reflects that she was 16-17 years of age. The hymen has found intact, which indicates that no sexual assault has taken place. However, the external injuries could be caused due to other reason. No offence under section 3/4 of Protection of Children from Sexual Offences Act, 2012 is made out against the applicant, whereas remaining offences are bailable. The applicant is in custody since 29.7.2013 without any substantial reason. Under such charge circumstances the applicant prays for bail.

(3.) Learned counsel for the State opposes the application.