RAJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.201/2023 registered at Police Station Kachnar, District Ashoknagar (MP) for offence punishable under Sec. Sec. 363, 376, 366-A, 376(2)(n), 368 of the Indian Penal Code, 1860 and Sec. 3/4 ,5(L)/6 of POCSO Act. The applicant is in custody since 2/12/2023.

(2.) Allegation against the applicant is of abduction and rape with the prosecutrix aged more than 17 years.

(3.) Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as the prosecutrix was a consenting party as even according to her statement recorded under Sec. 161 and 164 of Cr.P.C., she has stated that she has resided with the applicant for around 2 days. It is also submitted that her age is also disputed and in such circumstances, further custody of the applicant is not necessary who is already lodged in jail since 2/12/2023.