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PRITHVIRAJ K. CHAVAN
Unnikrishnan Rajeevkumar Bhaskaran, Alias Rajiv Unnikrishnan – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
1. This is an application under section 439 of the Code of Criminal Procedure, 1973 (for short “Cr. P.C”).
2. The applicant has been arraigned as an accused in C.R. No.634 of 2021 by Samata Nagar Police Station, Mumbai of the offences punishable under sections 376 (2) (f), (i), (n), 500, 506 of the Indian Penal Code (for short “I.P.C”) and under sections 4,6,8 and 12 of The Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and also under Sections 43 (a) and 67-A of The Information Technology Act, 2000. After investigation, a charge-sheet has been filed in the Court bearing Special Case No.445 of 2021. The case is pending for framing a charge.
3. A few facts germane for disposal of the application seeking bail can be summarized as follows.
4. This is a peculiar case in which two minor victims aged about 9 and 13 respectively, closely related to the applicant have been sexually exploited and molested by him by betraying the trust. The applicant had also betrayed their trust by administering some stupefying substance as well as showing them pornographic videos and also by snapping the victims nude videos. He extended threats of making the same viral
The legal framework applied by the court focused on the definition of penetrative sexual assault under the POCSO Act and the absence of the need for physical injury to constitute the offense. The cou....
Presumption of guilt under POCSO, consistency of witness statements, attempt to influence witness as grounds for denying bail
The court emphasized the need to balance the presumption of guilt under POCSO Act with the right to bail, considering the stage of trial and the applicant's circumstances.
Bail – Absence of evidence indicating penetrative sexual assault, can be a ground for grant of bail.
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
The central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
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