Accused incapable of performing sexual intercourse, MP High Court grants bail to rape accused considering his medical reports.

15 Sept 2020

Accused incapable of performing sexual intercourse, MP High Court grants bail to rape accused considering his medical reports.

The Madhya Pradesh High Court recently granted bail to a person who was accused of rape after considering his medical reports saying that he is not medically fit and competent to perform sexual intercourse. A single judge bench of Justice Vijay Kumar Shukla was hearing the bail plea of an applicant-accused in connection with the FIR registered for the offence punishable under Sections 376(2)(j), 376(2)(i), 376(2)(n) of the Indian Penal Code, 1860 and section 5/6 of POCSO Act.

It was alleged that the applicant had sexually exploited a 13-15 year old child, who is mentally challenged. The counsel for the state submitted that as per the statement of the mother of the child who was sexually exploited, the applicant had sexually exploited her.