DHARMENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) Prosecution story, in brief, is that at the time of incident, prosecutrix was below 17 years of age. Prior to the incident prosecutrix and the applicant were known to each other. On 19/2/2024 the prosecutrix called the applicant and met him at Abme Mata Temple. Thereafter, both of them went to Petlawada by motorcycle. The prosecutrix and the applicant went to Dewas and solemnized marriage in a temple. Both of them lived together till 7/3/2024. Meanwhile, the applicant committed rape upon her repeatedly. The prosecutrix was recovered on 7/3/2024.

(3.) Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case. It is submitted that the prosecutrix herself left her home and went with the applicant voluntarily. It is submitted that the prosecutrix was consenting party for sexual intercourse and she was major lady. The applicant is in custody since 8/3/2024. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.