Applicant Secures Bail Citing Suppression of Prosecutrix's Age and Co-accused's Bail
In a significant development, the Indore Bench of the Madhya Pradesh High Court, presided over by Justice Subodh Abhyankar, granted bail to Chand Pal, an applicant accused of rape and offences under the Protection of Children from Sexual Offences (POCSO) Act. The decision came in light of allegations that the prosecutrix's actual age was suppressed using a forged Aadhaar Card, and the co-accused had already been granted bail.
The case, registered under Crime No.593/2025 at Police Station Vijaynagar, Indore, involved accusations against Chand Pal, a 34-year-old man, for allegedly marrying a 15-year-old girl. The marriage was reportedly solemnized with the involvement of the girl's paternal uncle and aunt. The applicant’s counsel, Ms. Amrita Jain, argued that Chand Pal was, in fact, a victim of deceit as the prosecutrix's age was misrepresented through a forged Aadhaar Card. This card falsely indicated her birthdate as December 1, 2002, and altered her name.
The defense further demonstrated through photographs and videos that the prosecutrix seemed consensual and joyful during the marriage ceremony, undermining claims of coercion. Additionally, it was contended that upon discovering the deception, Chand Pal's family lodged an FIR against the prosecutrix's relatives for fraud and alleged theft of valuables and cash worth Rs.2,10,000/-.
Despite opposition from the State and the objector, who highlighted the prosecutrix's minor status and restrictions on her communication with her father, the court found merit in the applicant’s arguments. Notably, the court considered the previous bail granted to the co-accused, Devchand, who was implicated in forging the Aadhaar Card, as a compelling factor for granting bail to Chand Pal.
Justice Abhyankar's order emphasized that the bail decision was made without prejudicing the case's merits. Chand Pal was instructed to furnish a personal bond of Rs.25,000/- and a solvent surety of a similar amount, ensuring his presence during the trial and compliance with conditions under Section 437(3) of the Criminal Procedure Code, 1973.
The case underscores the complex interplay of legal, social, and ethical dimensions in criminal justice, particularly involving sensitive matters like age misrepresentation and alleged consent in matrimonial contexts.
Bottom Line:
Bail granted in a case involving allegations of rape and offences under the POCSO Act, considering the suppression of true age of the prosecutrix by her relatives through a forged Aadhaar Card and the fact that co-accused had already been granted bail.
Statutory provision(s): Bharatiya Nagrik Suraksha Sanhita, 2023 Section 483, Criminal Procedure Code, 1973 Section 439, Bharatiya Nyaya Sanhita, 2023 Sections 61(2), 65(1), 64(2)(m), 96, 137(2), 318(4), 338, 336(3), 340(2), 167, POCSO Act Sections 3/4, 5(L)/6.
Chand Pal v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2840505
