Court: Madhya Pradesh High Court
Bench: JUSTICE C V SIRPURKAR
Khemraj Patel vs The State Of Madhya Pradesh on 6 March 2017
Law Point:
JUDGEMENT
None for the victim though notice has been served upon her mother.
Heard on this first appeal for bail under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of appellant Khemraj Patel registered by P.S. Maanpur, District Umariya, in Crime No.03/2014 under sections 363, 366-A & 376(2)(ta) (dha) of the I.P.C., Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and section 6 of the Protection of Children from Sexual Offences Act.
As per the prosecution case, the appellant kidnapped the prosecutrix, who was a minor girl being 17 years old from the lawful guardianship of her parents on the false promise of marriage and took her to Umariya, Katni and then to Surat, where he kept her from 22.08.2011 to 04.04.2014 and repeatedly raped her. Thereafter, he dropped her back to her village and fled away. The appellant was arrested on 25.02.2016 and has been in custody ever since. Learned counsel for the appellant submits that on the date of kidnapping, the prosecutrix was more than 17 years old. She stayed with the appellant as his wife for a long time at Surat even after turning major. As such, the element of coercion is missing from the case. The appellant has been in custody since 25.02.2016. Therefore, it has been prayed that the appellant be released on bail.
Learned government advocate for the respondent/State on the other hand has opposed the appeal. However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that: (1) on the date of the incident, though the prosecutrix was minor, she had attained the age of knowledge and understanding;
(2) she stayed with the appellant even after attaining majority for quite some time;
(3) the element of coercion is missing from the case and (4) the appellant has been in custody since 25.12.2016, in the opinion of this Court, the appellant deserves to be released on bail Consequently, this appeal under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of appellant Khemraj Patel, is allowed. However, since the appellant was absconding for a long time, it will have to be ensured that he does not flee from justice.
It is directed that appellant shall be released on bail on his furnishing a personal bond in the sum of Rs. 80,000/- with two solvent, local sureties in the sum of Rs.40,000/- each to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure.
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