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Synopsis

The Madhya Pradesh High Court has granted bail to a man charged under the Prevention of Children from Sexual Offences (POCSO) Act after observing that “no signs of rape were found on the prosecutrix.”

The court, presided over by Justice Vishal Dhagat, made the observation while hearing a regular bail application made under Section 483 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

The case involved the accused charged with offences punishable under Section 376(A)(B) of IPC, Section 5(m)/6 of POCSO Act & Section 3(2)(v) & 3(1)(w)(ii) of SC & ST (POA) Act, for allegedly committed rape on a 9 year old girl child.

The counsel representing the accused argued that the case was filed to falsely implicate the accused owing to enmity. It was further highlighted that the accused had been in jail since December 23, 2023, despite the medical examination done on the victim showing no signs of rape and the DNA report also revealed the absence of Y chromosomes on any of the articles seized for such examination.

The court, agreeing with the contention of the accused, noted that there were indeed no signs of rape to be found on the victim. Moreover, the court stated that “DNA examination is also negative and no male sperms or chromosomes were found on articles seized.”

Considering the circumstances, the court allowed the bail application and directed the release of the accused.

The court, while granting bail imposed certain conditions upon the accused. The court said “The applicant shall also abide by the following conditions of Section 480 (3) of B.N.S.S. as under:-

1. that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
2. that such person shall not commit any offence similar to the offence of which the is accused, or suspected of the commission of which they are suspected and;
3. that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.”

 

Cause Title: Shivam Patel v State of Madhya Pradesh [MCRC-15520-2024]