JUDGMENT

Rajendra Kumar Verma, J. - These are the first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicants, who are implicated in connection with Crime No.310/2021, registered at Police Station - Rajgarh, District - Dhar, concerning offence under Sections 376(2)(n), 366, 323 and 506 of IPC. The applicants are in jail since 01.12.2021.

As per the prosecution, the allegations against the applicant Vijay are that he has abducted the prosecutrix and committed rape upon her without her consent and the allegations against the applicant is that he has assaulted on the husband of the prosecutrix. Hence, the police has registered the crime against the applicants.

Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated. Both the applicants are father and son. The FIR was delayed by four and half months. The prosecutrix is a married lady and she was a consenting party and was living with the applicant for three months. applicant Ramesh Chandra was not named in the FIR at the time of lodging FIR. The prosecutrix was in contact with the applicant Vijay and chatting with him on whatsap even after the incid