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RAJNISH BHATNAGAR
Bharat Abhilash – Appellant
Versus
State – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking bail in case FIR No. 115/2018 under Sections 376/306/506/323/109 IPC read with Section 6/17 of POCSO Act registered at Police Station Mianwali Nagar.
2. Briefly stated, the facts of the case are that on 11.04.2018, DD No. 41A was received at police station Pashim Vihar West and the same was marked to ASI regarding MLC No. 5743/2018 of prosecutrix from Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi. It is alleged that the MLC of the prosecutrix was handed over to ASI in which doctor gave the alleged history of consumption of unknown compound and patient is drowsy and is unfit for statement. It is alleged that doctor gave a sealed exhibit of gastric leverage of prosecutrix with the sample seal which was taken by ASI through seizure memo. It is alleged that victim was found to be UTP positive and at the time of incident she was 16 years old and DOB is 02.11.2002. After that, the statement of the prosecutrix was recorded on 13.4.2018 wherein it is alleged by the prosecutrix that she was a student of class 9th and accused Ram Lal @ Ganna started talking and
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
Consent from a minor in sexual offenses is legally invalid, and serious charges require thorough examination in court, emphasizing the protection of minors under law.
The testimony of a minor victim in sexual assault cases is vital and can be sufficient for conviction, with the presumption of guilt resting on the accused under the POCSO Act.
The court considered the period of incarceration, completion of witness examination, and the lack of fruitful purpose in keeping the petitioner detained in prison as key factors in allowing the bail ....
The court emphasized that the protection of minors is paramount and serious allegations of sexual offenses necessitate strict scrutiny against granting bail to accused, considering the trauma inflict....
The presumption of guilt under the POCSO Act is rebuttable, and if the accused can demonstrate a prima facie case of innocence, bail may be granted despite the serious nature of the charges.
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