The Madhya Pradesh High Court in the case titled Rakesh S/o Ambaram v. State of M.P. dated 09-09-2021 comes across an interesting issue that whether 15 years old girl was not capable of knowing the full impact of her Actions that she went with a man and gave birth to a child?
Facts of the case.
The Father of the prosecutrix lodged a report that his daughter has gone missing. During investigation, prosecutrix was recovered from the custody of the applicant along with a boy aged about one and half year.
Submission of the Applicant:
The Applicant has submitted that the prosecutrix had gone out on her own will with the applicant and has been living with him and she has also given birth to one child. She has left her father's protection knowing what she was doing, therefore, it could not be said that the applicant had taken her away from the lawful guardianship of her parents.
Contention of the Respondent:
The respondent has contended that at the time of the incident the prosecutrix was aged 15 years, hence the question of consent would not arise. She had gone with the applicant on a false pretext and promise and was kept by the applicant for a considerable period of time. The conduct and actions of the applicant do not entitle him for grant bail.
Court’s observation and Judgment:
The prosecutrix though was aged about 15 years at the time when she went with the applicant but it appears that she had gone voluntarily out on her own will and continued to live with the applicant and has also given birth to a child. It cannot be said that even though she may be 15 years of age, she was not capable of knowing full impact of her act. Hence, it is a fit case for grant bail to the applicant. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety of the like amount to the satisfaction of the Trial Court.
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