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G. NARENDAR, ALOK MAHRA
Rampal – Appellant
Versus
State of Uttarakhand – Respondent
Key Points: - The bail order cites absence of evidence indicating penetrative sexual assault as grounds for bail. (!) (!) - Medical examination showed no signs of forceful sexual assault and there was no definitive forensic link to the accused; conviction under Section 5(l) of POCSO deemed unsustainable. (!) (!) (!) - Court suspended conviction and granted bail, setting terms including personal bond of Rs. 10,000 and potential release considerations. (!) - Victim’s testimony and evidence were scrutinized, with findings that victim turned hostile and 164 CrPC statement not marked as exhibit; concerns raised about place of occurrence and forensic evidence. (!) (!) (!) - The judgment discusses welfare and rehabilitation considerations for the victim and child, exploring Article 142 powers and potential alternatives to sentencing. (!) (!) (!) (!) - The order notes the victim’s current circumstances, including employment and dependence, and the impact of custody on the family. (!) (!) - The bail IA was allowed and the judgment of conviction and sentence stood suspended. (!)
ORDER
G. Narendar, CJ.—Heard Mr. Priyanshu Gairola, learned counsel for the appellant/ applicant in CRLA No. 100/2024, Ms. Manisha Bhandari, petitioner, party-in-person in WPPIL No. 114/2024, Mr. J.S. Virk, learned DAG for the State and Mr. Siddhartha Bankoti & Ms. Divya Jain, learned counsels for the victim.
2. The matter was heard yesterday and the victim was present and fervently pleaded to the Court to positively consider the bail application of the appellant/ applicant. On interaction with the victim, it has come out that the victim is presently working in Dehradun and living alone to financially support herself, and also finance the legal battle on behalf of her husband, who is undergoing incarceration. The victim claims that she is working as a housemaid and earning Rs.12000/-. She claims that she, and the appellant/ applicant are natives of a far off Village Jakhol in District Uttarkashi. That the trauma she is undergoing, is on account of the application of the law, and she is reduced to a hapless position, on account of the judgment of conviction and sentencing of her husband by the Trial Court.
3. It is the case of the complainant, i.e. the victim’s father, that on 01.01
Bail – Absence of evidence indicating penetrative sexual assault, can be a ground for grant of bail.
Consent immaterial for penetrative sexual assault on minor under 18; conviction upheld on unrebutted presumptions, medical/forensic evidence despite romantic claim; distinguished from marriage/progen....
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
Penetrative sexual assault on minor girl – Minor victims of sexual assault need rehabilitation and constant care in future – Measures for adolescent well-being and child protection need priority.
(1) Courts must follow and implement law – Courts cannot commit violence against law.(2) Kidnapping and rape of minor girl – When such offences of rape and aggravated penetrative sexual assault are c....
The court ruled that the prosecution failed to prove the victim's age as below 18 years, thus the POCSO Act was not applicable, leading to a modification of the conviction under IPC.
Minor penetration constitutes sexual assault under the POCSO Act, validating the conviction; the court modified the sentence in consideration of prior incarceration.
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
The reliability of the prosecutrix's testimony and the admissibility of res gestae evidence were central to the court's decision.
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