Chandu @ Chandrabhan Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 1612 MP

                            1
         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.14589/2021
        Chandu @ Chandrabhan Dhakad vs. State of M.P.

                 Heard through Video Conferencing

Jabalpur, Dated : 27.04.2021

      Shri Naveen Giri Goswami, Counsel for the applicant.

      Shri Subodh Tamrakar, Counsel for the respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 20.1.2021 in connection

with Crime No.316/2020 registered at Police Station Bareli, District

Raisen for offence under Sections 363, 366, 376(2)(n) of IPC and

under Section 5/6 of the POCSO Act.

It is submitted by the counsel for the applicant that the date of

birth of the prosecutrix is 5.6.2003 and she misrepresented to the

applicant that she has attained majority and accordingly, they left the

house and got married and resided in Delhi as husband and wife.

Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted that in the light of the judgment

passed by the Supreme Court in the case of Independent Thought

vs. Union of India and another reported in (2017) 10 SCC 800,

exception 2 of Section 375 of IPC has been read down and,

therefore, the physical relationship with the prosecutrix by the

applicant would be an offence punishable under Section 376 of IPC.

THE HIGH COURT OF MADHYA PRADESH MCRC No.14589/2021 Chandu @ Chandrabhan Dhakad vs. State of M.P.

Considering the age of the prosecutrix, no case is made out for

grant of bail. The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2021.04.28 11:06:23 +05'30'