(1.) This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.509/2018 registered at Police Station Ghatia, District Ujjain (MP) for offence punishable under Section 376 of the Indian Penal Code, 1860 and also under Section 4 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012.
(2.) The applicant is in custody since 19.12.2018.
(3.) As per prosecution case, on the basis of the allegations made by the prosecutrix, alleged offence under Section 376 of the Indian Penal Code, 1860 and also under Section 4 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012 has been registered against the present applicant.