CHUJJO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first application under Sec. 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail by the applicant in connection with Crime No.569/2022 for the offences punishable under Ss. 363 of the IPC, Ss. 366A, 376 (2)(n), 342 of the IPC and Sec. 5L/6 of the POCSO Act.

(2.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is in judicial custody since 14/9/2022 in the aforesaid case. He was arrested on the charge of having rape upon the prosecutrix who is aged about 17 years old. The applicant is 26 years old. The incident is of 17/8/2022 and the FIR has been belatedly registered on 2/9/2022.

(3.) Learned counsel for the State while opposing the application for grant of bail has read out in the 164 Cr.P.C statement of the prosecutrix which prima facie reflects consent. He has also not disputed the fact that 164 Cr.P.C. statement of the prosecutrix reflects consent.