Ashok Razak vs State Of Madhya Pradesh And Others

G.S. Ahluwalia, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 4.2.2021 in connection with Crime No.20/2021 registered by Police Station Rithora Kalan, District Morena for offence under Sections 354, 323, 506, 34, 376, 376D, 341 of IPC and Section 7 read with Sections 4, 5(g)/6, 8 of POCSO Act

It is submitted by the counsel for the applicant that the applicant is a handicapped person and he cannot walk because the applicant is suffering from Polio. The prosecutrix in her statement has not stated that she was raped by the applicant. Even otherwise, initially the FIR was lodged for offence under Sections 354, 323, 506, 34 of IPC read with Section 7/8 of POCSO Act. However, the offence under Section 376 of IPC has been added subsequently.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the counsel for the State that the father of the prosecutrix has stated that at about 1:00 AM in the night when he woke up, he found that his daughter was not present in the room and when he went out in search, then he found that she was lying on the ground in an unconscious condition and the applicant and the co-accused Ravi were standing by her side and when the father of the prosecutrix enquired from the applicant and the co-accused, then they extended threat that in case if anybody is informed, then he would be killed. When water was sprinkled on the face of the prosecutrix, then she regained consciousness and informed that she had gone to answer the call of nature and found that the applicant and the co-accused were standing near the vacant place. The co-accused Ravi slapped her, as a result of which, she fell down on the ground and he pressed her breast and when she tried to raise an alarm, then her mouth was gagged and thereafter she fell unconscious. The prosecutrix has also stated that after her mouth was gagged, she fell unconscious and after regaining the consciousness she felt that she has been ravished by the applicant. It is further submitted that although in the MLC report, no external or internal injury was found but the seized articles have been sent to FSL Sagar as well as they have been sent for DNA test. It is further submitted that the applicant has a criminal history and apart from the present case, two more cases were registered against him.

In view of the statement of the father of the prosecutrix as well as the statement of the prosecutrix coupled with the fact that the prosecutrix is minor aged about 17 years, no case is made out for grant of bail. The application fails and is hereby dismissed.