AJAY Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on this first application for bail under section 439 of the Crimial P.C. 1973 filed on behalf of the petitioner Ajay in Crime No.26/2018 registered by P.S. Khajrana, District Indore under Sections 363, 366, 376(2)(n) of the I.P.C and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012.

(2.) As per the prosecution case, on the date of incident, the prosecutrix was the 16 years 4 months' minor girl. She was kidnapped by the petitioner from the lawful guardianship of her parents on 06.01.2018 and she stayed with the petitioner till 30.01.2018 at various placed at Indore, Maheshwar, Onkareshwar and Shirdi. Ultimately, on 30.01.2018, she was recovered from the possession of the petitioner. During the aforesaid period, the petitioner raped the prosecutrix on multiple occasions.

(3.) Learned counsel for the petitioner submits that though the prosecutrix was technically a minor, she had attained the age of knowledge and understanding. It is obvious that she had gone with the petitioner of her own free will and accord. It is clear from her statement under section 164 of the Crimial P.C. 1973that it was the prosecutrix who had initiated their elopement. The petitioner is in custody since 29.01.2018; therefore, it has been prayed that the petitioner be released on bail.