BHARAT Vs. STATE OF MADHYA PRADESH

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. 495/2022 registered at Police Station - Maksi, Dist. Shajapur (M.P.) under Ss. 363, 366, 376(2)(n) of IPC.

(2.) It is alleged that the applicant has abducted and committed rape with the prosecutrix. Counsel for the applicant submits that a missing report was lodged by mother of the prosecutrix and she was recovered on 22/12/2022. Counsel submits that in the statement under Sec. 164 Cr.P.C. the prosecutrix has stated that she had herself willingly gone with the applicant to different places. She was a consenting party.

(3.) Counsel for the State opposed the prayer for grant of bail on the ground that the age of the prosecutrix was less than 18 years on the date of the incident.