RITESH 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 the prosecutrix was more than 17 years and 7 months of age. Prior to the incident the prosecutrix and applicant were known to each other and they wanted to marry each other. On 14/8/2023, prosecutrix left her house and went with the applicant to Maharashtra by public transport and started to live together in a tapri. Applicant solemnized marriage with the prosecutrix in a temple. Applicant kept the prosecutrix alongwith him for more than 4 months, meanwhile he committed rape upon her several times and prosecutrix got pregnant. Police recovered the prosecutrix from the possession of the applicant on 26/12/2023.

(3.) Learned counsel for the applicant submits that the applicant has not committed the offence and he has falsely been implicated in the case. It is submitted that prosecutrix is illiterate person. Ossification test is also conducted to assess her age. It is also submitted that at the time of the incident prosecutrix was major lady and she herself went with the applicant. She was also a consenting party for sexual intercourse. It is further submitted that at present prosecutrix is living in the house of the applicant. Applicant is in custody since 26/12/2023. After completion of investigation, charge sheet has been filed. Conclusion of trial will take considerable long time for its disposal, therefore it is prayed that the applicant be released on bail.