Court: Madhya Pradesh High Court

Bench: JUSTICE S. K. Awasthi

Mithlesh Vishwakarma vs The State Of Madhya Pradesh on 11 September, 2017

Law Point: Anticipatory bail granted when consensual relationship is established, prosecutrix is over 17, and DNA confirms paternity.

JUDGEMENT

Mr.Satyendra Jyotishi, learned counsel for the appellant. Mr.Arvind Singh, learned Government Advocate for the State. This is appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed for grant of anticipatory bail to the appellant Mithilesh Vishwakarma who is apprehending his arrest in connection with Crime No.346/2016 for offences under sections 354 (A)(1)(2), 354,363,366(A), 376(2)(n)(A) of the IPC and section 5(1)/6 of the Protection of Children from Sexual Offences Act and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Ghansor, District Seoni.

According to the case of the prosecution, the appellant herein is stated to have committed rape with the prosecutrix as a result of which she bore a child from the appellant. The statement of the prosecutrix, her mother and her father have been recorded before the Trial Court. The prosecutrix has turned hostile but in her cross examination by the prosecutor she has reiterated the prosecution’s case. However, even in that she does not say that force or coercion was used upon her. The element of consent seems to be preponderant, though she seems to have conceded to the physical relationship based on promise of marriage by the appellant herein. She has borne the child of the appellant which also stands proved by the DNA report showing the appellant as the father of the baby.

Looking at the facts and circumstances of the case and the fact that the consent is prima facie preponderant in this case and the prosecutrix’s age is over 17 years, I am inclined to allow the instant appeal for grant of anticipatory bail on behalf of the appellant. Accordingly, it is directed that in the event of arrest, the appellant herein shall be enlarged on bail by the Arresting Officer upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer competent to arrest him. The appeal is finally disposed of.

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