In the latest judgment MP HC granted bail to the rape accused after considering his medical report that he is not mentally fit and competent to perform sexual intercourse.
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) (n) of the IPC, and sections 5/6 of POCSO Act in connection with Crime 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/- with one surety of the like amount to the satisfaction of the learned court below.
It may also be seen from such cases that recently, the SC 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 & Haryana HC in its recent judgment has stated that merely because the DNA report 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.
