The Madhya Pradesh High Court has granted bail to a man charged under the Prevention of Children from Sexual Offences (POCSO) Act, noting that there were "no signs of rape found on the prosecutrix."

The court, presided over by Justice Vishal Dhagat, made the observation while hearing a regular bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. The case involved the accused charged with offences punishable under Section 376(A)(B) of the IPC, Section 5(m)/6 of the POCSO Act, and Sections 3(2)(v) and 3(1)(w)(ii) of the SC & ST (Prevention of Atrocities) Act, for allegedly committing rape on a 9-year-old girl child.

The counsel representing the accused argued that the case was filed to falsely implicate the accused due to enmity. It was further highlighted that the accused had been in jail since December 23, 2023, despite the medical examination on the victim showing no signs of rape. Additionally, the DNA report revealed the absence of Y chromosomes on any of the articles seized for examination.

The court, agreeing with the contention of the accused, noted that there were indeed no signs of rape found on the victim. Moreover, the court stated that “the DNA examination is also negative and no male sperms or chromosomes were found on the articles seized.”

The court, while granting bail imposed certain conditions upon the accused. The court said “The applicant shall also abide by the following conditions of Section 480 (3) of B.N.S.S. as under:-

1. that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
2. that such person shall not commit any offence similar to the offence of which the is accused, or suspected of the commission of which they are suspected and;
3. that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.”