Granting bail to an 18-year-old rape accused, the Gwalior Bench of the Madhya Pradesh High Court stated “a chance be given to the applicant for course correction.”
Justice Anand Pathak relied on the submission that the applicant was a young boy aged 18 years without a criminal record. The order stated, “considering the submission of learned counsel for the parties and the fact that applicant is a young boy aged 18 years without any criminal record, therefore, a chance be given to the applicant for course correction.”
The Bench of Justice Pathak was hearing the plea of an 18-year-old man accused of committing offence punishable under Sections 376(2)(n) (Rape), 363 (Kidnapping), 342 (Wrongful Confinement), 323 (Causing hurt) of the Indian Penal Code and Sections 5 and 6 (Aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO Act).
The applicant’s counsel argued that a false case had been registered against him, despite which he had been in confinement since June 28, 2021, a report by the Bar and Bench stated. Further, during examination, the prosecutrix herself did not support the prosecution’s story and was declared hostile. The applicant urged that he may be given an opportunity to purge his misdeeds and mend his ways to become a better citizen.
The applicant also said he would cooperate with the prosecution in the investigation. As per the order, the applicant was directed to be released on furnishing a bail bond of Rs 50,000 and was directed to do community service in the form of planting and taking care of two trees. And further directed the applicant to plant two fruit bearing trees and to install guards around trees in his locality to protect them. The applicant is also required to provide care for the planted trees.
Reportedly, to ensure that the court orders are being followed, the applicant has to submit images of all trees planted before the trial court within 30 days of his release. Thereafter, every three months for the next three years, the applicant was directed to present a progress report to the trial court.
However, if any laxity is shown by the applicant in the care or planting of trees it may lead to deprivation of the benefit of bail. Justice Pathak ended the order with the quote, “This attempt is not simply for the planting of a tree, but for the germination of a thought.”
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