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Judgment
8 paragraphs · 175 wordsG.S. Ahluwalia, J
This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. This third application was dismissed for want of prosecution by order dated 31.8.2021 passed in M.Cr.C.No.42694/2021.
The applicant has been arrested on 17.7.2020 in connection with Crime No.378/2020 registered at Police Station Thatipur, District Gwalior for offence under Sections 376(2)(n), 323, 506 of IPC and under Section 3 and 4 of POCSO Act.
It is submitted by the counsel for the applicant that the prosecutrix has been examined and although she has not supported the prosecution case, but in view of cross-examination, her evidence is not reliable.
Per contra, the application is vehemently opposed by the counsel for the respondent/State.
Heard the learned counsel for the applicant.
So far as the reliability and credibility of a witness is concerned, this Court cannot consider the same at this stage and it is for the Trial Court to decide the said issue. Accordingly, no case is made out for grant of bail.
The application fails and is hereby dismissed.