ORDE R : Subodh Abhyankar, J. 1. They are heard. Perused the case diary/challan papers. Bharatiya Nagrik Suraksha Sanhita , 2023/ Section 4 39 of CRIMINAL PROCEDURE CODE , 1973, as they are implicated in connection with Crime No.143/2024 registered at Police Station Ringnod, District Ratlam (MP) for offence punishable under Section 3 70 of the INDIAN PENAL CODE , 1860, Sections 3 , 4 , 5 and 6 of the Immoral Traffic (Prevention) Act , 1956 (hereinafter referred to as ‘the Act of 1956’) and Section 3 /17 of the Protection of Children from Sexual Offences Act (POCSO), 2012. The applicants are in custody since 19.04.2024. 3. The allegation against the applicants is of human trafficking. 4. Counsel for the applicants has submitted that the victims have already been examined and have not supported the case of the prosecution; copies of their depositions have also been filed on record. It is submitted that the present applicants are the aunt and mother of the victims and there is no reason for them to indulge in such activity. It is further submitted that the conclusion of trial is likely to take sufficient long time and the medical report is also negative. 5. Counsel appearing for the objector as also the State have opposed the prayer and it is submitted that no case for interference is made out, as from the possession of the applicant No.1, a sum of Rs.700/- has been recovered, comprising of two currency notes of Rs.500/- and Rs.200/- respectively, which were given to her by the punter as a trap was laid. 6. Heard. Having considered the rival submissions and on perusal of the documents filed on record, including the MLC and the query report. It is found that in the MLC, there are no internal or external injuries on the person of the victims whereas, as per the query raised by the I.O., if the victim was sexually active and habitual, the treating doctor has informed that they cannot comment upon the aforesaid query as per the decision rendered by the Supreme Court in the case of In Re: Assessment of the Crimina l Justice System in response to Sexual Offences , passed in SMW(CRL.) No(s).04 of 2019 reported as (2020) 18 SCC 540 , although, it was opined that the victims did not have any injuries and they were well developed. Thus, apparently, the medical report is also negative, and by citing the Supreme Court decision, the doctor has also not given his opinion regarding the status of hymen of the victims, whether the same has been ruptured or not, despite the fact that the victims were aged 10 and 12 years respectively, whereas, it was alleged that both of them were pushed into prostitution by their family members. In such circumstances, this Court is inclined to allow the present application. 7. Accordingly, without commenting on the merits of the case, the application filed by the applicants is allowed . The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with separate solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) CRIMINAL PROCEDURE CODE , 1973. Regarding interpretation of “In Re: Assessment o f the Criminal Justice System in response to Sexua l Offences , passed in SMW(CRL.) No(s).04 of 2019”. 8. So far as the interpretation of the treating doctor, of aforesaid judgement of the Supreme Court is concerned, for not giving his opinion if the prosecutrix is habitual in sexual intercourse, it would be necessary to refer to the said decision, the relevant paras of the same read as under:- “10. The manner in which the medical report of the victim is prepared is also a matter of concern. The Amendment Act of 2013 has inserted a new provision, i.e. Section 164-A in this regard, which provides for the manner of medical examination as well as the guidelines for preparation of medical report. Other than the above information, many a times valuable information in consonance with the definition of rape as amended by the 2013 Act are not supplied. 11. Also, vide the Amendment Act of 2013, Section 53-A was inserted in the Evidence Act, 1872. It provides that the evidence of character of the victim and of such person's previous sexual experience with any persons shall not be relevant on the issue of such consent or the quality of consent. 11. Also, vide the Amendment Act of 2013, Section 53-A was inserted in the Evidence Act, 1872. It provides that the evidence of character of the victim and of such person's previous sexual experience with any persons shall not be relevant on the issue of such consent or the quality of consent. The effect of above provision is that previous sexual experience and in effect the habituation to sexual intercourse is now irrelevant for the purpose of medical examination. Still, we come across the medical opinion such as “the victim is habitual of sexual intercourse” and the opinion suggesting possibility of consent on the basis of her previous sexual exposure.” (Emphasis Supplied ) 9. So far as the query which was raised by the Police while referring the victims aged 10 and 12 years to the concerned doctors are concerned, the following queries were made on 19.04.2024:- However, subsequently on 16.05.2024, the following queries were made by the Investigating Officer:- 10. A perusal of the record would reveal that while the doctor has not replied to the queries raised by the Investigating Officer on 19.04.2024, however, the reply has been given to the queries raised on 16.05.2024, stating that regarding query No.1, no opinion can be given in the light of the aforesaid order passed by the Supreme Court, whereas, query Nos.3 to 4 were answered as per the MLC. Whereas, the MLC which is filed on record also reveals that there is no reference if the hymens of the victims were ruptured or intact, although, it was opined that the secondary sexual characters of the victims were under developed, which appears to be correct taking into account the fact that the victims were aged 10 and 12 years only. 11. 11. Apparently, the second query, made by the Investigating Officer to the doctor was, if the prosecutrix was sexually active and habitual, to which although the doctor has rightly opined that he cannot comment upon the said query as per the aforesaid decision, however, it was incumbent upon the doctor to give the opinion regarding other characteristics of the prosecutrix as if in a case of rape, because, in the present case, both the victims were of 10 and 12 years of age respectively, and the concerned doctor, at least, could have opined if they were subjected to sexual intercourse, which could have thrown some light, if the victims were being pushed by their parents or other persons in immoral trafficking, but the aforesaid approach by the treating doctor has put the prosecution in a quandary, and it would be difficult, if not impossible for the prosecution to bring home the accused under the provisions of the Act of 1956. 12. Thus, it is directed that henceforth, in all the cases where a victim is brought to the hospital for her medical examination, in cases involving offences under the provisions of the Act of 1956, the doctor shall examine the victims as if in a case under Section 376 of the IPC , and prepare the MLC as provided under Section 164-A of Cr.P.C., which provides for medical examination of the victim of rape, and should also give the opinion, if the victim has been subjected to sexual intercourse. 13. M.Cr.C. stands allowed and disposed of. Certified copy as per rules.