Back
SANJEEV NARULA
Mohd. Rafayat Ali – Appellant
Versus
State NCT of Delhi – Respondent
ORDER
The present application filed under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (erstwhile Section 439 and Section 482 of the Code of Criminal Procedure, 1973 (CrPC) respectively) seeks regular bail in proceedings arising from FIR No. 0415/2024 dated 17th May, 2024, registered at P.S. Bhalswa Dairy, under Sections 376 and 313 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
2. Briefly, the case of the prosecution is as follows:
2.1 On 16th May, 2024, Ms. ‘X’, age 16 years, appeared at P.S. Bhalswa Dairy along with her parents. Her parents informed the police that she had recently undergone an ultrasound examination, which confirmed a pregnancy. In view of the circumstances, the IO arranged for counselling by a CIC counsellor.
2.2 After receiving counselling, the Prosecutrix recorded her statement, alleging that the Applicant, who resided across from her house with his wife and children, had developed acquaintance with her over the past three to four months. She claimed that during this period, the Applicant engaged in physical relations with her on multiple
Bail – Under POCSO Act, age of victim is decisive factor – If victim is below 18 years of age, law presumes that she is incapable of giving valid consent.
The central legal point established in the judgment is that the age and consent of the prosecutrix, coercion, and manipulation of official documents are crucial factors in determining the grant of ba....
The court emphasized the need for conclusive evidence for age determination in sexual offences, preferring statutory documents over inconsistent records, thereby reinforcing the accused's benefit of ....
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....
The court established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
Proof of minor status is essential under POCSO; without clear age determination, conviction cannot stand. The benefit of doubt must accrue to the accused when age is unproven.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
The consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
The court emphasized the importance of school records and the absence of conclusive evidence in determining the claim of juvenility. The consistent allegations of rape by the prosecutrix and the DNa ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
