Punjab & Haryana HC grants bail to accused in minor’s rape after medical report indicates no intercourse

LE Staff

Chandigarh, July 1, 2021: The Punjab and Haryana High Court has granted bail to a rape accused after medical evidence indicated that no sexual intercourse had taken place between the petitioner and the victim.

The high court, however, asked the accused to make sure that he would not directly or indirectly try to contact the survivor or any of her family members or witnesses in this case. Any such infraction on part of the petitioner may entail cancellation of his bail.

The bench of Justice Lisa Gill stated that since the trial in this case is not likely to conclude in the near future, no useful purpose would be served by keeping the petitioner incarcerated any longer in the present facts and circumstances of this case.

“Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition is allowed. However, it is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition,” stated the judge

The case pertains to a plea seeking bail as the trial was pending in the case concerning an that was filed on June 26, 2019 under Sections 363/366A IPC (Section 376 IPC and Section 6 of POCSO Act, 2012 added later on), registered at Mehta police station in Punjab’s Amritsar district.

 As per the allegation in the FIR, the alleged minor victim’s mother had left her at home on June 23, 2019 to meet her maternal uncle. However, when the complainant reached home, her daughter was not present.

The FIR alleged that the complainant apprehended that her daughter was allured by the petitioner on the false pretext of marriage. The victim was recovered four days later from the Railway Station allegedly in the company of the petitioner

The accused, who is in his early 20s, argued through his counsel that he was falsely implicated in this case as no case under Section 376 IPC (Rape) and Section 6 of the POCSO Act (penetrative sexual assault of minor) is made out in any manner.

Punjab state counsel opposed the bail application while submitting that the victim in this case was a minor aged about 15 years. However, he does not deny the medical evidence which revealed that there was no injury, whatsoever, external or internal to the victim and that the medical evidence further indicates that no sexual intercourse had ever taken place between the petitioner and the victim.

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