LOKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application filed under Sec. 439 of Cr.P.C. by the applicant who is in custody since 20/1/2022 in connection with Crime No.22/2022, registered at Police Station Maheshwar, district Khargone for the offence punishable under Ss. 363, 366, 366-A, 376, 376(2)(n) of IPC and Sec. 5l/6,5J (II) of Protection of Children from Sexual Offences Act, 2012. His first application was dismissed as withdrawn with liberty to renew the prayer after recording the Court statement of the prosecutrix vide order dtd. 23/5/2022 in M.Cr.C.No.18740/2022.

(2.) Learned counsel for the applicant submits that first application was dismissed as withdrawn with liberty to renew the prayer after examination of the prosecutrix as he may not influence her. Now she has been examined on 15/9/2022 in which she has fully supported the present applicant and she has also disclosed her age as 20-21 years. In such premises, learned counsel prays for grant of bail to the applicant.

(3.) Per contra learned counsel for the State opposes the bail application and prays for its rejection by submitting that as per the entry in the scholar register, this prosecutrix was minor at the time of incident, but in the cross examination she has admitted that her grand mother has recorded her age.