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Judgment
11 paragraphs · 186 wordsG.S. Ahluwalia, J
This is third repeat application filed under Section 439 of Cr.P.C. for grant of bail. The second bail application was dismissed as withdrawn by order
dated 31/03/2021 passed in MCRC No.17066/2021.
The applicant has been arrested on 15/01/2021 in connection with Crime No.77/2020 registered by Police Station Pavai, District Bhind for offence
punishable under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO Act.
It is submitted by the counsel for the applicant that the prosecutrix has been examined and she has stated that she had gone voluntarily with the
applicant and they had consensual physical relationship.
However, it is submitted by the counsel for the State that the date of birth of the prosecutrix as per school record is 01/05/2003 and she went missing
on 08/07/2020 and thus, it is clear that she was minor. The prosecutrix was recovered on 12/01/2021 and she attained majority on 30/04/2020.
Considering the fact that the prosecutrix was minor on the date of incident, no case is made out for grant of bail to the applicant.
Accordingly, the application fails and is hereby dismissed.