The Madhya Pradesh High Court has dismissed the regular bail application of a man accused of kidnapping and raping a minor girl, observing that the medical evidence proves sexual assault even though the victim had turned hostile. [2026 LiveLaw (MP) 333]

Emphasizing that a criminal trial is a quest for truth, wherein neither the accused nor the victim can be permitted to subvert the trial by falsehood, the bench of Justice Ajay Kumar Nirankari, referring to the Supreme Court case of Hemudan Nanbha Gadhvi v State of Gujarat [(2019) 17 SCC 523], reiterated:

"If the medical evidence had not confirmed sexual assault on the prosecutrix, the T.I.P. and identification therein were doubtful, corroborative evidence was not available, entirely different considerations may have arisen. It would indeed be a travesty of justice in the peculiar facts of the present case if the appellant were to be acquitted merely because the prosecutrix turned hostile and failed to identify the appellant in the dock, in view of the other overwhelming evidence available".

Per the prosecution, the victim, who was a minor girl, was reported missing on October 29, 2025, and a report was lodged the next day. She was recovered from Bhopal on November 11, 2025, with the applicant. In her statements under Sections 180 and 183, the victim stated that she left the parental house of her own volition and was residing with the applicant when he committed rape with her.

The counsel for the applicant submitted that he and the victim knew each other and that the victim was under the love and affection of the applicant. It was argued that the victim, in her examination before the Trial Court, did not support the prosecution's story.

The counsel sought a grant of bail, highlighting that the applicant has been in custody since November 14, 2025.

The counsel for the State opposed the application, contending that although the victim turned hostile before the Trial Court, conviction could be granted based on the medical report. It was also highlighted that the victim was 16 years of age at the time of the alleged offence.

The court noted that the victim was 15 years of age when she was reported missing, and in her statements, she clearly stated that the applicant forcibly committed rape with her. The said allegation was also duly proved by the Medical report.

The bench further emphasized, "A criminal trial is but a quest for truth. The nature of inquiry and evidence required will depend on the facts of each case. The presumption of innocence will have to be balanced with the rights of the victim, and above all the societal interest for preservation of the rule of law. Neither the accused nor the victim can be permitted to subvert a criminal trial by stating falsehood and resort to contrivances, so as to make it the theatre of the absurd. Dispensation of justice in a criminal trial is a serious matter and cannot be allowed to become a mockery by simply allowing prime prosecution witnesses to turn hostile as a ground for acquittal".

Therefore, the bench dismissed the application.

Case Title: Gautam Kolare v State of Madhya Pradesh, MCRC-36099-2026

Citation: 2026 LiveLaw (MP) 333

For Applicant: Advocate Sakshi Bhardwaj

For State: Government Advocate Alok Agnihotri

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