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Judgment
16 paragraphs · 275 wordsG.S. Ahluwalia, J
Case diary is not available. Accordingly, the bail application is being decided on the basis of the averments made in the application as well as facts
mentioned in the impugned order.
This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed by
order dated 01/04/2021 passed in MCRC No.17370/2021.
The applicant has been arrested on 28/12/2020 in connection with Crime No.152/2016 registered by Police Station Kolaras, District Shivpuri for
offence punishable under Sections 363, 366, 376 of IPC and Section 3/4 of the POCSO Act.
The prosecutrix was admittedly minor aged about 16 years on the date of incident. She has been examined and she has admitted that she had married
the applicant and is blessed with two children.
In the light of the judgment passed by the Supreme Court in the case of Independent Thought Vs. Union of India & Anr. reported in 2017(10) SCC
800 by which sub-section 2 of section 375 of IPC has been read down and thus, it is clear that physical relationship with his minor wife also an
offence under Section 376 of IPC.
Furthermore, in the light of the judgment dated 12/01/2021 passed by Supreme Court in the case of Anversinh @ Kiransinh Fatesinh Zala Vs. State of
Gujarat in CRA No.1919/2010, it is clear that if a minor girl leaves her house on the enticement of the accused, then still an offence under Section 363
and 366 of IPC would be made out. Accordingly, no case is made out for grant of bail.
The application fails and is hereby dismissed.