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RAKESH KAINTHLA
Rishi Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT
Rakesh Kainthla, J.—The petitioner has filed the present petition for seeking regular bail in F.I.R. No.57/2024, dated 20.05.2024, registered at Police Station, Kihar, District Chamba, for the commission of offences punishable under Sections 363 and 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act.
2. It has been asserted that a false case was registered against the petitioner by the police. The allegations are baseless and incorrect. There is no evidence to connect the petitioner with the commission of crime. The petitioner shall abide by the terms and conditions which the Court may impose. Hence, the petition.
3. The petition is opposed by a filing status report asserting that the informant, the father of the victim, made a complaint that the victim was born on 04.08.2007. She left her home on 19.5.2024 without informing any person. The informant suspected that Rishi (petitioner) had kidnapped the victim. The police registered the F.I.R. and recovered the victim. The victim revealed that she was talking to the petitioner. She called the petitioner and told him that her parents were marrying her. She asked the
Kidnapping and rape of girl child – Children are deemed to be incapable of consent and consent is no defence to offences punishable under POCSO Act.
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 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....
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
Rape – Consent of minor has no legal sanctity.
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
The consent of a minor for sexual intercourse is of no consequence under POCSO Act and IPC 375, and the absence of enticement or inducement is crucial in determining the offence of kidnapping under I....
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
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