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ATUL SREEDHARAN
Nirmal Jogi – Appellant
Versus
State of Madhya Pradesh – Respondent
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 prosecutr
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 gran....
The solemnized marriage and cohabitation of the applicant and the prosecutrix were considered as grounds for granting bail.
The court has the discretion to grant bail based on the material presented and overall consideration of the case, without commenting on the merits of the case.
The age of the prosecutrix, her statements, and the delayed FIR were crucial factors in the Court's decision to grant bail to the applicant.
The court determined that the relationship between the applicant and the prosecutrix was consensual, which influenced the decision to grant bail despite the prosecutrix being a minor.
The court emphasized that the nature of the relationship between the accused and the minor was consensual, impacting the decision to grant bail despite the legal implications of the minor's consent.
The court considered the maturity of the prosecutrix and the completion of the investigation as crucial factors in granting bail to the applicant.
The central legal point established in the judgment is the interpretation of the victim's statements, medical examination reports, and the legal provisions of Section 375 (a) of I.P.C. and Section 29....
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