RAVIJATAV Vs. STATE OF M P

JUDGEMENT

(1.) CASE diary is available. After investigation, charge sheet has already been filed on 28.8.2014.

(2.) THE applicant has filed this first application under Section 439 of Cr.P.C for grant of bail in connection with Crime No.230 of 2014 registered at PS Banmore District Morena for the offences punishable under Section 376 of IPC and Section 4 of The Protection of Children from Sexual Harassment Act, 2012.

(3.) LEARNED PP opposing the submissions has submitted that as per school certificate issued by the Head Master of Primary School, the date of birth of the prosecutrix is 10.10.1999. On the basis of which, she was below 15 years at the time of the alleged incident, owing to which, consent of the prosecutrix is totally immaterial. On the aforesaid grounds, learned counsel has prayed for rejection of the bail application.