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BOMBAY HIGH COURT
GHANSHYAM MARUTI CHOUGULE – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANR – Respondent
JUDGMENT :
[MILIND N. JADHAV, J.]
1. This Application is made under Section 439 of Code of Criminal Procedure, 1973 seeking regular bail in connection with C.R. No.324/2024 registered with Parksite Police Station for offences under Section 376(2)(i), 376 and 506 of Indian Penal Code, 1860 along with Section 6 of Protection of Children from Sexual Offenses Act, 2012.
2. Notice to the Respondent No.2 – Victim was issued previously by another bench of this court and subsequently Ms. Kanchan Chandak came to be appointed as Legal Aid Counsel to espouse the cause of the victim and thus I have taken up the matter for hearing of 30.01.2025. The matter is fully heard in my chamber considering the facts and sensitivity of the issue.
3. The prosecution story stated in the FIR is that sometime in the month of May 2023 when the victim was residing with her parents and her mother was admitted to a hospital, the victim woke up to the traumatic realisation of being naked and being sexually assaulted by digital penetration by her father. It is stated that the Applicant – Accused used force of threat and violence to ensure the silence of the victim both in the short and long run.
4. Mr. Rao, learned Adv
The court emphasized that unexplained delays in reporting serious allegations can undermine the prosecution's case, leading to the granting of bail.
The court granted bail based on significant delays in reporting the incident and lack of medical evidence, raising doubts about the prosecution's case.
The prosecution must prove its case beyond a reasonable doubt; inconsistencies in testimony and delay in reporting undermine credibility.
The court emphasized the need to evaluate the credibility of evidence, scrutinize the victim's statement with caution, and consider the impact of Section 29 of the POCSO Act in bail matters.
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
The court emphasized that substantial delays in reporting allegations, lack of corroborative evidence, and the principle against pre-conviction punishment collectively justify the granting of bail.
The court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
The severity of the allegations, the credibility of the complainant's statements, and the need for an expedited trial were central to the court's decision in granting bail to the accused.
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