Santosh vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first post-arrest application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 14.7.2020 in connection with Crime No.302/2019, registered at Police Station-Chhapara, District-Seoni for offence under

Sections 294, 323, 506, 363 , 376, 376(2)(n), 376(2)(I), 376(2) (cha) of IPC and Sections 3, 5L, 6, 5N of Protection of Children from Sexual Offences

Act, 2012.

The case of the prosecution, in short, is that, daughter of the applicant lodged a report against the applicant alleging therein that her mother was living

with the applicant as his second wife. At that time, the prosecutrix was minor. When she was 13 years of age and was studying in 8th Standard, the

applicant forcibly committed rape upon her in a vacant room. Thereafter, the applicant continued to develop sexual relationship with the prosecutrix

under threat. On 12.7.2020, the applicant again forcibly committed sexual intercourse with the prosecutrix. Thereafter, the prosecutrix lodged a report

against the applicant and the aforesaid criminal case was registered against the applicant.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Date of birth of the prosecutrix is 6.2.2002 and,

therefore, she was major on the date of incident i.e. 12.7.2020. After investigation, charge-sheet has been filed and the applicant is not required for

any further investigation. DNA and FSL reports are not filed along with the charge-sheet. The applicant is in custody since 14.7.2020 and trial will

take considerable time for its disposal. In such circumstances, it is prayed that the opposed the application.

Having heard the learned counsel for the parties and on a perusal of the case diary, no doubt DNA and FSL reports are not available on record. Date

of birth of the prosecutrix is 6.2.2002, therefore, on the date of incident i.e. on 12.7.2020, she was a major girl of more than 18 years of age.

In view of the aforesaid facts and circumstances of the case and considering the gravity of offence as also the relationship between the applicant and

the prosecutrix, this Court is not inclined to enlarge the applicant on bail.

Consequently, this application under Section 439 of the Code of Criminal Procedure filed by applicant Santosh is hereby dismissed.

However, the applicant may repeat this prayer after receiving FSL and DNA reports, if it favours the applicant.