Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular bail.
Applicant had been arrested in connection with Crime No.117/2021 for the offence punishable under Sections 376 (2)(cha), 376(3), 506 of IPC and Section 5 (n) / 6(a) and 11/12 of POCSO Act. As per prosecution case, on 28-2-2021, prosecutrix aged about 12 years 13 days along with her family members lodged a report alleging that applicant/accused showed nude video film through his mobile to the prosecutrix and after shutting her mouth took out her slacks and panty, thereafter he took out his own pant and underwear and lied down on her. On seeing her father coming to the spot applicant ran away. The prosecutrix was sent for medical examination. The applicant/accused was arrested on 1-3-2021.
Counsel for the applicant, Mr Arun Barua submitted that neither the prosecutrix nor her parents supported the prosecution case. They were declared hostile. During cross examination nothing came out which supports the prosecution story.
The Court looking at the circumstances was inclined to grant regular bail to the applicant.
The Court further noticed that the Court below had disclosed the name of the prosecutrix, who was a rape victim, in the deposition which was inconsistent with the provision of Section 228A of Indian Penal Code and was in violation of the direction of Supreme Court in the case of Nipun Saxena v. Union of India, (2019) 2 SCC 703. The Court in this regard issued a show cause notice to the effect that why appropriate disciplinary action should not taken against the Presiding Officer.[Mahesh Kushwaha v. State of MP, 2021 SCC OnLine MP 1906 , decided on 05-10-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
