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H. P. SANDESH
Ajmal @ Ajmal Hussain S/o. Ibrahim – Appellant
Versus
State Of Karnataka By Bantwal Rural Police Station, Bengaluru – Respondent
ORDER :
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.2 in Crime No.135/2021 of Buntwala Rural Police Station, Buntwala Sub-Division, Dakshina Kannada, for the offence punishable under Sections 376-D and 506 read with Section 34 of IPC and Sections 4, 5(G) and 6 of Protection of Children from Sexual Offences Act, 2012.
2. Heard the learned Senior counsel Sri Vivek Reddy for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1-State.
3. The factual matrix of the case of the prosecution is that this petitioner and also another accused person subjected the minor girl, who is aged about 16 years for sexual act as against her wish and also caused life threat not to disclose the same to anybody else and continuously subjected her for sexual act for five months by threatening her. Hence, the police have registered the case, investigated the matter and filed the charge sheet.
4. After filing of the charge-sheet, this petitioner, who has been arraigned as accused No.2 had approached this Court by filing Crl.P.No.1600/2022 and this Court, vide order dated 31.05.2022, considered the matter on merits
The vulnerability of a minor victim, the weight of the victim's testimony, and the heinous nature of the offence are crucial factors in bail decisions for cases involving sexual offences against chil....
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
Grant of Bail - Bail is not to be withheld as a punishment.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
The clear provisions of the POCSO Act defining a minor as a girl below the age of 18 years and the importance of medical evidence in cases of sexual assault against minors.
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
Point of Law : grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decision....
The credibility of the victim's statements and the weight given to different statements made by the victim before the police and under Section 164 of Cr.P.C. were crucial in determining the prima fac....
Exercise of discretion in favor of the petitioner based on completion of investigation and the need to prove allegations during the trial.
Consent to accompany, wander or to have dinner and to stay in a room does not, in all eventuality, amount that there is consent of a girl or woman to have sexual intercourse.
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