News By/Courtesy: Neha Mishra | 12 Nov 2021 14:20pm IST


  • An 18 year old was accused of rape
  • He had been in custody since June of the current year
  • He was granted bail by the court after sentencing him with community service

The Gwalior bench of the Madhya Pradesh High Court as of late allowed bail to an 18-year-old accused of rape to allow him an opportunity for course rectification. Anand Pathak, Judge of Gwalior bench of Madhya Pradesh High Court depended on the contentions that the candidate was a young man matured 18 years without a criminal record.

It was held, "Considering the accommodation of learned advice for the gatherings and the way that candidate is a young child of only 18 years with no criminal record, hence, a possibility must be given to the candidate for mending his ways and improving his life." The candidate was charged under Section 376(2)(n), Section 363, Section 342 and Section 323 of the Indian Penal Code and Sections 5 and 6 of the Protection of Children from Sexual Offenses Act (POCSO Act). The above-mentioned sections stipulate; Rape, Kidnapping, Wrongful Confinement and Causing Hurt of Indian Penal Code and Aggravated penetrative Sexual Assault of the Protection of Children from Sexual Offenses Act respectively.

It was the argument of the petitioner that the body of evidence made out against him was bogus, in spite of which he had been in custody since June 28. Further, during the assessment, the prosecutrix herself didn't uphold the prosecutor’s story and was proclaimed hostile. The candidate asked that he might be offered a chance to cleanse his offences and retouch his ways of improving as a resident. He further also agreed to cooperate with the investigation. While allowing bail, the Single bench Judge depended on the soul of community service reverberated in Sunita Gandharva v. the State of MP by the High Court.

The candidate was coordinated to be delivered on outfitting a bail obligation of 50,000. He was likewise coordinated to do community service through planting and dealing with two trees. The Court additionally guided the candidate to establish two natural product bearing trees or Neem/Peepal trees and to introduce monitors around trees in his region to ensure them. The candidate is additionally needed to give care to the established trees.

To guarantee consistency to this bearing, the Court requested the petitioner to submit pictures from all trees planted under the watchful eye of the trial court within 30 days of his delivery. From there on, at regular intervals for the following three years, the candidate was coordinated to introduce an advancement report to the trial court. It was additionally explained that any laxity shown by the applicant in the consideration or planting of trees might prompt hardship of the advantage of bail.

Justice Pathak finished the request with the statement, "This endeavour isn't just for the planting of a tree, yet for the germination of an idea." Advocate Rajnish Sharma showed up for the applicant and the State was addressed by Advocate Padamshri Agarwal.

Section Editor: Kadam Hans | 12 Nov 2021 19:04pm IST

Tags : #Rape #accused #bail #section 376(2) #high court #Madhya Pradesh #Gwalior bench #community service #custody #course correction

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