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SACHIN SINGH RAJPUT
Ankit Singh S/o Late Anup Singh – Appellant
Versus
State Of Chhattisgarh Through Police Station – Respondent
ORDER :
1. The applicant is apprehending his arrest in connection with Crime No.368/2022 registered at Police Station – Akaltara, District – Janjgir – Champa (C.G.) for alleged commission of offences under Section 341, 354- D and 506, 509(B) of Indian Penal Code, 1860 and Section 12 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act).
2. The allegation against the present applicant is that the prosecutrix is a minor and during the period from 30/12/2021 to 19/08/2022, the applicant used to follow her while going to school or market and used obscene talks and gave obscene signals and when the victim said that she would inform her father, the applicant threatened her of dire consequences and also threatened to abduct her from her school on 17/08/2022.
3. Learned counsel for the applicant vehemently argued that he is innocent and has been falsely implicated in this case. It is submitted that the present applicant and father of the victim / complainant belongs to rival political party and there is dispute between them in relation to the political dominance i
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....
Law of bail deals with two complicating interests, i.e. societal interest to cure hazards of crime and to avoid repeating of the same and on the other hand principle of criminal jurisprudence referri....
The judgment establishes the importance of considering statutory provisions, amendments, and the sensitivity required in cases involving allegations against a minor victim, while also acknowledging t....
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The gravity of allegations involving a minor necessitates custodial interrogation, and consent from a minor is irrelevant in cases of sexual exploitation.
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.
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