DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned PL informs that notice has duly been served upon the prosecutrix.

(2.) This is the second application filed by the applicant for grant of regular bail under Sec. 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 203/2022 registered at P.S - Satwas, District- Dewas (M.P.) for the offence under Sec. 450, 376, 376(3), 506 (A) of IPC and Sec. 3 / 4 of POCSO Act.

(3.) As per prosecution story, on 10/05/2022, prosecutrix's father, mother, sister and brother went to attend marriage function at village ' Thuriya and the prosecutrix was alone at home. Her father asked Harbaksh to stay at their home in the night to take care of her. On 11/05/2022, when the prosecutrix was sleeping in her room and Harbaksh was sleeping at courtyard, then at about 12.00 am, present applicant along with Deepak and Nitin came there. Deepak and Nitin caught hold of her and Deepak pressed her mouth and forcibly committed rape upon her. At that time, present applicant and co-accused were standing outside the house. Deepak also threatened to kill her, if she disclosed the incident to anyone. Thereafter, the prosecutrix narrated the incident to Harbaksh and lodged FIR at police station ' Satwas. Accordingly, the aforementioned offence has been registered against the applicant.