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The High Court of Madhya Pradesh passed an order in the case of Kadar Khan v. State of Madhya Pradesh. The Honorable Rajeev Kumar Shrivastav decided the case. An applicant filed a bail application under S. 363, 366, 376-D, 506 of IPC and under Sections 5-G & 6 of POCSO Act. Due to the covid-19 pandemic outbreak, the proceedings were conducted through video conferencing. On the last date of hearing, the Court directed the learned counsel on behalf of the applicant to present a mark sheet of the prosecutrix/victim.
Argument of the Learned Counsel of behalf of the applicant of anticipatory bail
It became impossible to present the mark sheet due to the COVID-19 crisis. The Counsel for the applicant argued that the prosecutrix was above the age of 18 years at the time of the incident. As per the Section 164 of CrPc, the prosecutrix gave her consent for the act committed. The applicant argued that the statement recorded under Section 161 and 164 of CrPc provided no substantiated evidence against the accused. He said that no inculpatory evidence was provided by the prosecutrix in her statement under Section 164 of CrPc.
Arguments on behalf of prosecutrix
The learned counsel for the state opposed the arguments of the applicant side and submitted that the applicant is the major accused in this case. There are two mark sheets which are available on the online records. Different dates of birth of the prosecutrix have been mentioned in those mark sheets. The Applicant demanded the benefit of ambiguous age factors.
Order of the Court
There was no progress in the trials of the case due to the looming COVID-19 crisis. The Madhya Pradesh High Court rejected the bail application of the applicant as no definite and ostensible proof was being provided to prove the prosecutrix’s age and consent. The Applicant was provided with a Liberty to file a fresh application after recording the prosecution witnesses’ evidence by the trial Court. The Trial Court was further directed to proceed with all these types of cases.
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