Case Title: Devraj Dangi v. State of Madhya Pradesh
Case No: Misc. Criminal Case No. 51860 of 2023
Decided on: 6th December, 2023
CORAM: THE HON’BLE MR. JUSTICE ANIL VERMA
Facts of the Case
As per the prosecution story, prosecutrix lodged an FIR at P.S. Boda, District Rajgarh by stating that two years prior to the incident, her father /applicant naked his minor daughter by putting off her clothes and committed rape upon her. On 03.03.2023, at about 2:30 AM, present applicant again repeated the same act and tried to rape her. A case has been registered against the present applicant.
The applicant has denied the allegations and claimed to be innocent. The prosecutrix, during cross-examination, did not support the prosecution’s story and turned hostile. The applicant has sought bail, citing false implication and the prosecutrix’s lack of support for the prosecution’s story. On the other hand, the State has opposed the bail application, emphasizing the severity of the alleged crime.
Legal Provision
Section 439 of the Code of Criminal Procedure, 1973 grants special powers to the High Court and the Court of Session regarding bail. The High Court or Court of Session may direct that any person accused of an offense and in custody be released on bail, and if the offense is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section. The High Court or Court of Session may also set aside or modify any condition imposed by a Magistrate when releasing a person on bail.
Issue
Whether the applicant should be granted regular bail under Section 439 of the Code of Criminal Procedure, 1973 relating to the commission of offence punishable under Sections 376(2)(n), 376(3), 376(1), 376(2)(f), 506 and 376(AB) of IPC and Section 6 of POCSO Act?
Court’s Analysis and Decision
The Hon’ble High Court of Madhya Pradesh has rejected the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 on the ground that prosecutrix is a minor and innocent girl of 12 years of age and she was raped by her father. The trust and faith that a young girl would normally have in her father and the sanctity of family relationships were shattered by the heinous, inhumane and shameful act of her father.
The prosecutrix has not supported the prosecution’s story during cross-examination. The cross-examination took place after 10 days of examination-in-chief, which could have influenced her testimony by her father/applicant and other family members. The MLC report, which supports the prosecutrix’s statement, indicates redness and swelling over the labia minora and clitoris and her private parts. In the query report, concerned Doctor opined that hymen was found torn and swelled due to the extreme pressure of penis of someone.
In view of the barbaric sexual assault and severity of the instant crime, without commenting on the merits of the case, the Court is not inclined to grant bail to the present applicant.
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Written by- Afshan Ahmad
