PRANAY VERMA
Shivam Pathak – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - They are heard. Perused the case diary /challan papers.
2. This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.358/2022 registered at Police Station Nemawar, District Dewas (MP) for offence punishable under Sections 376(2)(n), 506, 201 of the IPC.
3. The applicant is in custody since 03.11.2022.
4. As per the prosecution, the prosecutrix had known the applicant since he was a friend of her dever. About three years ago she had come in contact with the applicant, who had told her that if there is any work she can ask him for the same. He had taken her mobile number and used to message her and had told her that he likes her. When he found out that there is no one at home of the prosecutrix he came and committed rape upon her and also took her photographs without her knowledge. Thereafter he threatened her of circulating her photographs and committed rape upon her for a period of about three years. On 28.08.2022 in the evening the applicant hackd whatsapp number of the prosecutrix and uploaded certain nude photographs of her by way of her status which was seen by family member
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