Madhya Pradesh high court granted bail to a rape accused after considering the medical report of the accused which showed that the accused was not capable of sexual intercourse.
The single-judge bench of Justice Vijay Kumar Shukla of the Madhya Pradesh high court while considering a bail application of the accused under 439 of CrPC found that the accused was entitled to bail. The accused was charged under sections 376 (2)(j), 376 (2)(i), 376 (2)(n) of IPC and section 5/6 of the POCSO Act.
It was alleged that the accused had sexually exploited a mentally challenged girl, who was a minor of mere 13-15 years of age. The statement of the mother of the victim has been submitted by the counsel of the state which stated that the accused sexually assaulted the victim, incriminating the accused.
The court considered the MLC report which was submitted by the counsel of the applicant and found on the basis of that report that the accused was not capable of having sexual intercourse since he was neither fit nor competent to commit any act of such nature. The court further took into consideration the fact that the accused was in jail since 11/11/2019 thereby allowing the bail application and granting the bail to the applicant. It was directed that applicant Vanshdhari Kol shall be released from custody upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the learned court below.
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