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T. MALLIKARJUNA RAO
Yadavalli Karthik – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. This Criminal Petition, under Ss. 437 and 439 of Cr.P.C., has been filed by the Petitioner/Accused, seeking regular bail in Cr.No.823/2023 of Ibrahimpatnam Police Station.
2. The above crime was registered against the Petitioner ffor or the offence punishable under Ss. 376(2)(n) of IPC and Sec. 6 of POCSO Act 2012, Sec. 3(2)(v) of SCs and STs (POA) Act.
3. The Prosecution's case, in brief, is that prior to 6/11/2023, the Accused is an auto driver and he is a resident of Kondapa Kondapally lly Village, Ibrahimpatnam Mandal. He developed an acquaintance with the Victim, who is a minor girl, aged about 16 years belongs to Schedule Caste. While dropped her at school and later with his deceitful words, induced her and committed penetrative sexual assault against her, as a result, she became pregnant. Based on the complaint of the Victim's mother, the crime has been registered against the Petitioner for the above-said offences.
4. Learned counsel for the Petitioner submitted that the Petitioner is innocent; he was eking out his life as an Auto driver; he has been in judicial custody since 9/11/2023; the investigation is completed and the charge sheet is also filed and prays to
The court emphasized the significance of age difference in POCSO offences, the presumption under Sec. 29 of the POCSO Act, and the discretion in granting bail for serious offences.
The court emphasized the need to balance personal and societal interests, especially in cases involving serious offences and the reverse onus provision under Sec. 29 of the POCSO Act.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
The main legal point established in the judgment is that the nature of the sexual assault and the evidence presented are crucial in determining the appropriate section of the POCSO act applicable to ....
(1) Bail application – In case of non-bailable offences which do not carry a sentence of death or imprisonment for life in alternative, bail is a rule and its denial an exception.(2) Presumptions und....
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