SARVAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is sixth bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. Earlier all the bail applications were dismissed as withdrawn by co-ordinate Bench of this Court.

(2.) Applicant has been arrested on 22/1/2019 by Police Station- Sironj, District Vidisha in connection with Crime No.16/2019 for the offence punishable under Ss. 363, 366, 376(2)(N), 368 and 120-B of IPC and Sec. 5/6 of POCSO Act.

(3.) As per prosecution case, on 17/1/2019, father of the prosecutrix lodged the missing report alleging that when he was sleeping with his wife, at that time at about 3:00 in the night wife of the complainant informed him that their daughter is not at home. Thereafter, the father of the girl went to the police station and raised suspicion on present applicant accused. During the investigation the prosecutrix was recovered at Inodre on 22/1/2019. Statements of prosecutrix were recorded in which she has stated that she was having friendship with present applicant accused and applicant accused told the girl that he will sent some other person to take her. Therefore, as per complainant, when in the night present applicant accused called the prosecutrix and she came out her house at night and she found co-accused Deepak on a motorcycle and thereafter, the co-accused Deepak has taken the girl to present applicant and from there present applicant has taken the prosecutrix to Indore where they lived and applicant accused committed sexual intercourse with her. On the said information, offence was registered. Applicant accused was arrested. Statements of prosecutrix along with independent witnesses have been recorded.