ORDER

On 15.3.2024 time was taken to ascertain whether the additional statement of the prosecutrix is recorded u/S.164 of Cr.P.C. Today no such additional statement is produced.

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.201/2023 registered at Police Station Udaynagar, Dewas (M.P.) under Sections 363, 366, 376, 376(2)(N) of Signature Not Verified Signed by: VARGHESE IPC & u/S.5(L)/6 of POCSO Act.

It is alleged that on 8.6.2023, the father of the prosecutrix lodged a missing report as well as FIR on 13.6.2023 and after that prosecutrix was recovered on 29.11.2023. Her statement u/Ss.161,164 Cr.P.C were recorded.

Counsel for applicant submits that in the statement u/S.164 prosecutrix has not made any allegation of any kind of physical relationship by him. The only allegation is that he had taken her from village on motor cycle to another village where they stayed and they were doing the cultivation work. The applicant is in jail since 1.12.2023. The investigation has been completed, charge sheet has been filed.

Counsel for State and the Objector submits that in the statement u/S.161 Cr.P.C the prosecutrix has all