Accused Incapable Of Performing Sexual Intercourse', MP HC Grants Bail To Rape Accused Considering His Medical Report [Read Order]

The Single Bench of Justice Vijay Kumar Shukla was hearing the bail plea of an applicant-accused in connection with the FIR registered for the offence punishable under Sections 376(2)(j), 376(2)(i), 376(2)(n) of the Penal Code, 1860 and Sections 5/6 of POCSO Act in connection with Crime No. 326/2019 registered at P.S. Govindgarh, District Rewa (M.P.).

It was alleged that the applicant had sexually exploited a 13-15 years old child, who is mentally challenged.

The counsel for the State submitted that as per the statement of the mother of the prosecutrix, the applicant had sexually assaulted her.

However, the Counsel for the applicant submitted that as per the MLC report of the applicant, he is not capable of doing sexual intercourse.

Considering the medical report of the applicant that he is not medically fit and competent to perform sexual intercourse and taking into consideration the fact that the applicant is in jail since 11.11.2019, the Court was of the view that the applicant was entitled to bail.

Accordingly the application filed by the applicant was allowed.

It was directed that applicant Vanshdhari Kol be released from custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the learned court below.

Further, a typed copy of this order was ordered to be forwarded to the Office of the Advocate General and Shri Jagat Singh, learned Panel Lawyer on their respective email address for intimation to the Police Station concerned.

The office was requested to forward a copy of this order to the learned court below.

It may be noted that recently, the Supreme Court granted bail to an octogenarian rape accused after noticing that the DNA report showed that he is not the father of the child born to the rape victim.

However, the Punjab and Haryana High Court had recently observed (while denying the benefit of bail to the Petitioner) that Merely because the DNA report (of the rape victim) does not match with the petitioner, it cannot be termed to be a circumstance to conclude that the petitioner was not involved in the crime.

The petitioner before Justice Vivek Puri sought regular bail in connection with an FIR dated 04.05.2018, under Sections 342/363/366A/376D/506 read with Section 34 IPC and Sections 6 and 7 of Protection of Children from Sexual Offences Act.

Case Details:

Case Title: Vanshdhari Kol v. The State Of Madhya Pradesh And Others

Case No.: MCRC-7618-2020

Quorum: Justice Vijay Kumar Shukla

Appearance: Advocate Vikas Mishra (for the Applicant); Panel Lawyer Jagat Singh (for the Respondent-State).

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