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Judgment
7 paragraphs · 212 wordsVijay Kumar Shukla, J
This is first bail application under Section 439 of Cr.P.C for grant of regular bail in connection with Crime No.391/23, dated : not mentioned registered at P.S. - Khudel, District - Indore for offences punishable under Sections 363, 366, 343, 376(2), 376(3) of IPC and Section 3, 4(2), 5L, 6 of POCSO Act and Section 3/181, 146, 197, 39, 192(1) of Motor Vehicle Act.
As per prosecution story, it is alleged that the applicant has abducted a minor girl and committed rape with her.
Counsel for the applicant submits that from the statement of the prosecutrix recorded under Section 164 of Cr.P.C, she appears to be consenting party.
Counsel for the State opposes the prayer and submits that the Court statement of the prosecutrix and her parents have been recorded and they have supported the prosecution case. Further, the age of the prosecutrix is less than 16 years.
After hearing learned counsel for the parties and taking into consideration the fact that the prosecutrix and her parents in their statement have supported the prosecution case. Also, the age of the prosecutrix is less than 16 years, this Court does not find any case for grant of bail.
Accordingly, the application is dismissed.