Madhya Pradesh High court denied bail to the accused of rape even when the accused married the victim and also said that medical corroboration not an absolute necessity in case of rape.
The bench headed by Justice Akhil Kumar Srivastava while hearing an appeal filer under section 14-A of SC & ST Act on order passed on June 9th, 2020 passed by special judge of SC & ST, Jabalpur court and refused to grant bail in the same.
The accused is in custody since 05.09.2018 for the offence under Sections 363, 366, 344, 328, 506, 376(2)(N) and 376(D) of IPC and Sections 3(1)(w)(i) and 3(2)(v) of SC ST Act in crime no.544/2018 which was registered at Police Station Ghamapur District, Jabalpur, Madhya Pradesh. It was also submitted that there was delay in lodging the FIR about which no explanation in given and that there is no direct or indirect allegation against the appellant. Applicant also said that he got married to the victim for which an affidavit sworn by her was filed with bail application. Also there is possibility of evidence tampering or absconding from appellant side. Hence he shall be given bail.
Whereas the panel lawyer opposed the application of bail and prayed for its rejection on the ground that it’s a matter of gang rape and the victim’s statement was recorded under section 164 of CrPC where the prosecutrix clearly gave a statement against the appellant.
