RAMMOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These first applications under Sec. 439 of the Cr.P.C. have been filed by the applicants for grant of regular bail relating to F.I.R. No.28/2024 dtd. 15/1/2024 registered at Police Station Aamla, District Betul (M.P.) for commission of offence under Ss. 376(2)(n), 376, 109 of IPC; under Sec. 5l/6, 16 and 17 of POCSO Act and under Sec. 9 and 10 of the Prohibition of Child Marriage Act, 2006. The applicants are in detention since 16/1/2024.

(2.) As per the prosecution story, on 15/1/2024, 16 years, 06 months and 2 days old prosecutrix submitted an application in writing before Police alleging that on 15/11/2023 her mother, father and brother took her in their ancestral house at Village Sirsakala, Uttar Pradesh and despite her non-willingness, solemnized her marriage with Balram Kushwaha. When she asked her parents not to perform her marriage, they beat up her. On 7/12/2023, her marriage was performed with Balram Kushwaha and in the night of 7/12/2023, Balram Kushwaha knowing that she is a minor, forcibly established physical relations with her and continuously committed rape/ aggravated penetrative sexual assault upon her for six days. She was brought back to Amla on 15/12/2023. On 13/1/2024 she narrated the entire story to her elder sister. On the basis of written complaint by daughter, her parents and Balram have been arrested and since then they are in jail.

(3.) Learned counsel for the applicants have submitted that applicants have not committed any offence. They are innocent. They have been falsely implicated. It is submitted that they are in jail for last four months. The maximum punishment is two years under Prohibition of Child Marriage Act, 2006, After investigation charge sheet has already been filed. Trial of the case will take time. Therefore, it is prayed that applicants may be released on bail.