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Judgment
G.S.Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 28/12/2020 in connection with Crime No.152/2016 registered by Police Station Kolaras, District Shivpuri for offence punishable under Sections 363, 366, 376 of IPC and Section 3/4 of the POCSO Act.
The prosecutrix is alleged to have been kidnapped by the applicant on 10/04/2016 and she was recovered on 18/12/2020. Her date of birth is 25/06/2000. On the date of kidnapping, she was minor below the age of 18 years. Further the prosecutrix in her Court evidence has stated that immediately after kidnapping, she got married with the applicant and is blessed with two children.
Heard the learned counsel for the applicant.
The Supreme Court in the case of Independent Thought Vs. Union of India & Anr. reported in 2017(10) SCC 800 has read down Exception 2 of Section 375 of IPC and thus it is clear that the physical relationship with wife below the age of 18 years is also an offence under Section 376 of IPC. Accordingly, this Court is of the considered opinion that no case is made out for grant of bail.
Accordingly, the application fails and is hereby dismissed.