LODA 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.111/2020, registered at Police Station Amjhera District Dhar for offence punishable under Ss. 363, 366, 323, 506 r/w Sec. 34, 376(2)(n) of IPC and under Sec. 3/4 and 7/8 of POCSO Act.

(3.) As per the prosecution, on 11/3/2020, a complaint was lodged by the father of the prosecutrix to the effect that the prosecutrix, a minor, is missing since 10/3/2020 and cannot be traced out despite best efforts. Upon the complaint a missing person report was registered and search for the prosecutrix was made and she was eventually recovered on 19/3/2023 from the custody of the applicant and upon recording of her statement to the effect that the applicant had abducted her and had committed rape upon her, he has been implicated and arrested for the present offence.