The court emphasized the necessity of thorough medical examinations and clear evidence in sexual offense cases, particularly involving minors, leading to the grant of bail due to insufficient evidence.

ORDER :

Subodh Abhyankar, J.

1. They are heard. Perused the case diary/challan papers.

Bharatiya Nagrik Suraksha Sanhita , 2023/ Section 4 39 of CRIMINAL PROCEDURE CODE , 1973, as they are implicated in connection with Crime No.143/2024 registered at Police Station Ringnod, District Ratlam (MP) for offence punishable under Section 3 70 of the INDIAN PENAL CODE , 1860, Sections 3 , 4 , 5 and 6 of the Immoral Traffic (Prevention) Act , 1956 (hereinafter referred to as ‘the Act of 1956’) and Section 3 /17 of the Protection of Children from Sexual Offences Act (POCSO), 2012. The applicants are in custody since 19.04.2024.

3. The allegation against the applicants is of human trafficking.

4. Counsel for the applicants has submitted that the victims have already been examined and have not supported the case of the prosecution; copies of their depositions have also been filed on record. It is submitted that the present applicants are the aunt and mother of the victims and there is no reason for them to indulge in such activity. It is further submitted that the conclusion of trial is likely to take sufficient long time and the medical report is also negative.

5. Counsel appearing for the objector as also the State have opposed the prayer and it is submitted that no case for interference is made out, as from the possession of the applicant No.1, a sum of Rs.700/- has been recovered, comprising of two currency notes of Rs.500/- and Rs.200/- respectively, which were given to her by the punter as a trap was laid.

6. Heard. Having considered the rival submissions and on perusal of the documents filed on record, including the MLC and the query report. It is found that in the MLC, there are no internal or external injuries on the person of the victims whereas, as per the query raised by the I.O., if the victim was sexually active and habitual, the treating doctor has informed that they cannot comment upon the aforesaid query as per the decision rendered by the Supreme Court in the case of In Re: Assessment of the Criminal Justice System in response to Sexual Offences, passed in SMW(CRL.) No(s).04 of 2019 reported as (2020) 18 SCC 540 , although, it was opined that the victims did not have any injuries and they were well developed. Thus, apparently, the medical report is also negative, and by citing the Supreme Court decision, the doctor has also not given his opinion regarding the status of hymen of the victims, whether the same has been ruptured or not, despite the fact that the victims were aged 10 and 12 years respectively, whereas, it was alleged that both of them were pushed into prostitution by their family members. In such circumstances, this Court is inclined to allow the present application.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with separate solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) CRIMINAL PROCEDURE CODE , 1973.

Regarding interpretation of “In Re: Assessment of the Criminal Justice System in response to Sexual Offences, passed in SMW(CRL.) No(s).04 of 2019”.

8. So far as the interpretation of the treating doctor, of aforesaid judgement of the Supreme Court is concerned, for not giving his opinion if the prosecutrix is habitual in sexual intercourse, it would be necessary to refer to t