Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 549

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Nirmal Jogi – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Miscellaneous Criminal Case No. 558 of 2023
Decided On : 06-01-2023

Advocates Appeared:
Vibhor Kumar Sahu, Advocate, Neelesh Singh Tomar, Advocate
Final Result : Allowed

The interpretation of consent and statutory rape under the relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act influenced the court's decision to grant bail.

Headnote:
Consent - Statutory Rape - The court allowed the application for bail based on the argument that the case involved statutory rape and not forcible rape as consent was reflected in the statement of the prosecutrix recorded under Section 164 of Cr.P.C.
Fact of the Case:

The applicant, in jail since 24/10/2022, sought bail in connection with a case of rape of a 16-year-old girl. The prosecutrix's statement under Section 164 of Cr.P.C. reflected a case of consent.
Finding of the Court:

The court allowed the application for bail, considering the argument that the case involved statutory rape and not forcible rape as consent was reflected in the prosecutrix's statement.
Issues: Application for bail under Section 439 of Cr.P.C. in a case of alleged rape involving consent and statutory rape.
Ratio Decidendi: The court considered the argument that the case involved statutory rape and not forcible rape based on the statement of the prosecutrix, and granted bail to the applicant.
Final Decision: The court directed the applicant to be enlarged on bail upon furnishing a personal bond and surety as per the specified amount.

JUDGMENT

Atul Sreedharan, J. - This is the first application under Section 439 of Cr.P.C. on behalf of the applicant, who is in jail since 24/10/2022, in connection with Crime No.698/2022 registered at Police Station: Kotwali, District Ashoknagar (M.P.) for the offence under Sections 376(1), 376(2)(n)(f) of IPC and Sections 3/4, 5(1)(n)(j)(ii)/6 of POCSO Act.

2. Th e applicant is in judicial custody since 24/10/2022 in the aforementioned case. The charge against him is of having raped the 16 year old girl. The applicant himself is of 21 years.

3. The statement of the prosecutrix under Section 164 of Cr.P.C. has been read out by the learned counsel for the State while opposing the application for grant of bail. The statement reflects a case of consent. She says that she entered into a voluntary relationship with her brother-in-law on 10/08/2022 and thereafter on account of conceiving and falling ill, and after the pregnancy having been detected, the FIR was registered on 22/10/2022 against the applicant herein.

4. Learned counsel for the applicant submits that this case is one of statutory rape and not a forcible rape as consent is reflected from the statement of the prosecutrix itself recorded under Section 164 of Cr.P.C.

5. Be that as it may, in view of what has been argued, recorded and considered by this Court herein above, the application is allowed. It is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.

C.C. As per rules.

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