ASMA KHAN Vs. STATE OF M.P.
LAWS(MPH)-2018-12-72
HIGH COURT OF MADHYA PRADESH
Decided on December 11,2018

Asma Khan Appellant
VERSUS
STATE OF M.P. Respondents

JUDGEMENT

ANAND PATHAK,J. - (1.) Heard finally with the aid of case diary.
(2.) This is the first application under Section 438 of the Cr.P.C by the applicant who apprehends her arrest in connection with offences punishable u/Ss. 363, 376, 342, 120B, 34 of the IPC and 5/6 of the POCSO Act registered as Crime No. 566 of 2018 at Police Station Thana Janakganj district Gwalior.
(3.) It is the submission of learned counsel for the applicant that the statement recorded under Section 161 of the Cr.P.C of the prosecutrix itself reveals that the applicant was not in the frame of incident but later on, just to frame her on false pretext, her name was taken by the prosecutrix in her subsequent statement recorded under section 164 of the Cr.P.C. The contradiction surfaced in the FIR and the statement itself indicates nature of the incident. Applicant is 19 years old girl and confinement would bring social disrepute to her and her family. She undertakes to cooperate in the investigation. On these grounds, he prayed for grant of anticipatory bail to the applicant.;


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