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Madhya Pradesh HC grants bail to rape accused saying accused not ‘medically fit’ or ‘competent’ to commit rape

Team SoOLEGAL 8 Oct 2020 4:28pm

Madhya Pradesh HC grants bail to rape accused saying accused not ‘medically fit’ or ‘competent’ to commit rape

Madhya Pradesh High Court granted bail to a rape accused on the basis of the medical report of the accused. The Court is of the view that the accused, depending on the medical report, was not capable of doing such crime for which he had been charged.

Justice Vijay Kumar Shukla was hearing the plea of bail application of the accused and found that the bail application of the accused under Section 439 of Cr.P.C was considerable. The accused was charged under section 376(2)(j), 376 (2)(i), 376 (2)(n) of IPC and section 5/6 of the Protection of Children from Sexual Offences Act, 2012.

The statement of the mother of the victim was submitted by the counsel of the state. According to the victim’s mother, the accused had sexual intercourse with a minor girl whose age was between 13-15 years of age.

While considering the MLC report which stated that the accused is not fit to have sexual intercourse or commit any such crime for which he was charged, the Court had granted bail to the accused. The Court also noted that, the accused was in jail since last year and hence allowed the bail application. The Court held that the accused Vanshdhari Kol must be released from the custody with a personal bond of Rs 50000/-. 



Tagged: Madhya Pradesh HC   Justice Vijay Kumar Shukla   Sexual Offences Act   Protection of Children  
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