SHISHUPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is first application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.21/2014 registered at Police Station, Basai, District Datia, for the offence punishable under Sections 363, 376(2)g, 342, 392, 506 -B of IPC, Sections 11/13 of the MPDVPK Act and Section 4 of the Protection of Children from Sexual Offences Act.

(2.) ACCORDING to prosecution case, the complainant has lodged a written complaint that Mahesh Lodhi telephoned her that her husband Roopsingh is admitted in the hospital and asked the complainant to visit the hospital alongwith jewelleries. The complainant was alone in the house. At about 10 -11 in the night Mahesh Lodhi and Shishupal Lodhi came on motorcycle and forcibly took the complainant towards Makdari. They kept her from 6.3.14 to 13.3.14 at different places. Mahesh and Shishupal also committed rape on her. On 13.3.14 Mahesh and Shishupal after taking jewelleries of the complainant, left her on the way. Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. On 13.3.14 the complainant herself has filed a written application that she quarreled with her parents, and hence, she left the house. It is further submitted that complainant is a major girl aged about 19 years. The applicant is in custody since 25.3.14 and trial is likely to take some time. Hence, prayed for bail.

(3.) IT appears that on 6.3.14 a missing report was lodged by father of the victim at police Station Basai. On 13.3.14 victim has submitted a written application that due to quarrel with her parents, she left the house. No allegation has been made against the applicant. However, the written complaint has been made to the S.P., Datia who has directed the SHO Kotwali, Datia, to register the case, then the case has been registered on 24.3.14. As per the radiological report, the age of the victim has been found above 19 years.