JITENDRA JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary /challan papers.

(2.) This is the first application under Sec. 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.1332/2021, registered at Police Station Lasudiya District Indore for offence punishable under Ss. 354, 506 of IPC read with Sec. 9(M/10) POCSO Act.

(3.) As per the prosecution, on 7/10/2021, a complaint was lodged by the complainant to the effect that her husband, the applicant to whom she was married in 2007 and from whom she has a daughter aged about 9 years has been committing obscene sexual acts with her daughter. On 7/10/2021 her daughter informed her that on 22/10/2020 at about 9.00 AM the applicant had caught her and had molested her physically and had threatened her. On the basis of the complaint FIR was registered and investigation was commenced during the course of which the applicant has been implicated and arrested for the present offence.