'No Coercion': State Counsel Submits Before MP High Court In Case Of 'Victim' Who Shot 'Rape' Video, Bail Granted To Accused

The bench of Justice Atul Sreedharan passed this order on the bail plea filed by accused Jitendra Baghel taking into account the submission of the State Counsel that from the video of the alleged act (purportedly shot by the victim herself), it did not appear that there was any show of force, coercion or any kind of threat being held up to the prosecutrix.

Essentially, the report was prepared pursuant to an order of the High Court directing the State Counsel to watch the video and ascertain whether the victim's action reveals consent or resistance to the alleged act of rape.

Read more about the background of the case here: MP High Court Directs State Counsel To Ascertain From Video Purportedly Made By Rape 'Victim' Herself If The Act Was Consensual Or Against Will

The Court was prompted to issue this order after taking into account the statement of the victim recorded under Section 164 wherein she stated that she herself made a video of the purported rape.

Now, on Wednesday, the Court perused the report of the state counsel which stated that the video did not show any kind of coercion or any type of conversation or threat between the applicant and the prosecutrix.

The report also stated that in the room where the prosecutrix is alleged to have been raped, there was another person lying on the steel cot who had covered himself up and a child was also there on the said cot.

The report also submitted that the video reflected that the applicant and the prosecutrix were involved in the sexual act in the same room in the presence of the other person, who is suspected to be the husband of the prosecutrix.

Against this backdrop, in view of the report and the period of incarceration undergone by the applicant-accused (booked under Sections 376, 376(2)(n), 456, 506 of IPC.), his bail application was allowed.

It was further directed that he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs. 50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court.

Appearances

Advocate for the applicant- Sangeeta Pachouri

Public Prosecutor for the respondent/State- Rajeev Upadhyay

Advocate for the complainant- Vibhor Kumar Sahu

Case title - Jitendra Baghel Vs The State Of Madhya Pradesh

Case Citation: 2023 LiveLaw (MP) 31

Click Here To Read/Download Order