JEETENDRA BHARTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C in crime No.06/2024 under Sec. 366, 376, 342, 506 of IPC registered at Police Station - Panwasa, Ujjain.

(2.) It is alleged that an oral report was lodged on 3/1/2024 that the prosecutrix was working as a Sweeper in S.S. Gupta Hospital. On 2/1/2024 at 07:30PM when she was going to house, the applicant who operates auto came to her and asked her to leave at the house for Rs.20.00. It is alleged thereafter she was taken to his house where it was alleged that he committed rape with the prosecutrix twice. The report was lodged on the next day in the night at 10:20 PM.

(3.) Counsel for the applicant submits that he has been falsely implicated in the present case. The prosecutrix is a major married woman. After the alleged incident, she went back to the house and stayed with her husband and other family members, but the report was lodged on the next day in the night at 10:20 PM. In the CCTV footage, no material has been found. He further submits that in the morning a call was made from the mobile of prosecutrix to him demanding the money to blackmail him.