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2019 Supreme(MP) 664

VISHNU PRATAP SINGH CHAUHAN
Abhishek – Appellant
Versus
State of M. P. – Respondent


Advocates:
Anurag Shivhare for applicant; S. B. Agnihotri, Government Advocate, for respondent/State.

ORDER

1. The applicant has filed this criminal revision under section 397/401 of the CrPC being aggrieved by order dated 11.10.2017 passed by the learned Special Judge designated for trial of offence under Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') in Special Case No. 65/2017, whereby charges of offence punishable under section 4 of the POCSO Act, in alternate, under sections 376 (1) of IPC and section 305 of IPC were framed against the applicant.

2. The prosecution's case, in short, is that, on 14.4.2017, the prosecutrix, who was below 17 years of age at that time, went to the house of Shashikant Patel. Father of the prosecutrix came there in search of her and found her with the applicant Abhishek in objectionable position. He rebuked the prosecutrix by uttering filthy words and asked her to go home. Thereafter, the prosecutrix left for home. Later on, the prosecutrix was found in hanging condition in the upper storey of her house and died due to hanging. The matter was informed to the police. The police registered merg No. 4/2017 under section 174 of the CrPC and during investigation in that merg, it was found that the applicant

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