"Can't Say 15Yr Old Didn't Know Impact Of Her Actions; Went With Man & Gave Birth To Child": MP HC Grants Bail To POCSO Accused

The Madhya Pradesh High Court recently granted bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 15-year-old girl noting that the Girl, on her own, went with the accused and gave birth to a child as well.

"It cannot be said that even though she may be 15 years of age, she was not capable of knowing full impact of her actions. She is also stated to be living with the applicant."

While granting him bail, the Bench of Justice Pranay Verma noted that even though the prosecutrix/victim was aged about 15 years at the time when she went with the applicant but "she had gone voluntarily out on her own will and continued to live with the applicant and has also given birth to a child".

The matter before the Court

The Court was hearing the bail plea of one Rakesh who has been held under offence punishable under Section 363, 376, 376(2)(n), 376(3) of IPC and 3/4(2), 5(1)/6 of Protection of Children from Sexual Offences Act, 2012.

As per the prosecution's version, on November 22, 2018, a report was lodged by the father of the prosecutrix (15 year old) of her having gone missing and after the registration of FIR, investigation was conducted during the course of which, the prosecutrix was recovered from the custody of the applicant along with a boy aged about one and half year.

Thereafter, the statement of the prosecutrix was recorded in which she stated that the applicant had taken her with him on a false pretext and promise to Surat, where he developed a physical relationship with her resulting in the birth of a son.

Arguments advanced

The counsel for the applicant submitted that the prosecutrix had gone with the applicant on her own and had been living with him and she has also given birth to one child.

It was also argued that since she had left her father's protection knowing what she was doing, therefore, it could not be said that applicant had taken her away from the lawful guardianship of her parents.

On the other hand, the Panel Lawyer for the State argued that at the time of the incident the prosecutrix was aged 15 years, hence the question of consent would not arise.

It was also submitted that she had gone with the applicant on a false pretext and promise and was kept by the applicant for a considerable period of time. 

After referring to her age and noting that "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", the court granted bail to the accused upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court.

Case title - Rakesh S/o Ambaram vs. State of M.P.

Click Here To Download Order

Read Order