RUPESH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant is in custody since 5.2.2014 relating to Crime No.61/2014 registered at Police Station Rahatgarh, District Sagar for offence punishable under sections 363, -366, 376(2)(g), 506 of IPC section 3/4 of Protection of Children from Sexual Offences Act, 2012.

(2.) Learned counsel for the applicant submits that the applicant is a youth of 18 years of age, who has no criminal past alleged against him. The prosecutrix is shown to be 16 to 17 years of age in ossification test but, two years may be added on both sides in such computation. Looking to the physical appearance of the prosecutrix as depicted in her MLC report, shw appears to be above 18 years of age at the time of the incident. When the prosecutrix was recovered, she told the police that whe went to Vidisha on her own and she came back by herself. Nothing has been done with her. After sometime, the prosecutrix has submitted a false report to the police that the applicant has committed rape with her. In MLC report, no internal injury was found on her person, whereas 2 -3 external injuries were found on her person. The medical examination of the prosecutrix was done after 3 days of her recovery. It appears that those injuries found on her person were caused due to any other reason. The applicant is falsely implicated in the matter. The conduct of the prosecutrix is shaky. No alleged offence is made out against the applicant. Under such circumstances, it appears that either the prosecutrix was a consenting party or the applicant is falsely implicated in the matter. The applicant is in custody since 5.2.2014 without any substantial reason. Under such circumstances, the applicant prays for bail.

(3.) Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under section 439 of CrPC filed by the applicant viz. Rupesh @ RoopKishore Lodhi may be accepted. Consequently it is hereby allowed.