ANU MALHOTRA
Anil – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Anu Malhotra, J. - The applicant, vide the present application seeks the grant of regular bail in relation to FIR No.507/2018, PS Fatehpur Beri under Section 376 Indian Penal Code, 1860 r/w Sections 4 & 6 of the POCSO Act, 2012 submitting to the effect that he is incarcerated since 07.12.2018.
2. The present application is the third bail application filed by the applicant herein before this Court with the first bail application i.e. Bail Appln. No.449/2019 having been dismissed as withdrawn vide order dated 23.04.2019 and vide order dated 17.09.2020 in Bail Appln. No.2437/2020, i.e. the second bail application filed by the applicant seeking the grant of bail was declined with observations therein to the effect:-
'.. On a consideration of the rival submissions made on behalf of either side without any observations on the trial that is in progress, taking into account the factum that the deposition of the prosecutrix is yet to be completed and the testimony of her parents also yet to be completed, coupled with the factum that both through her deposition on oath to the extent that it has been recorded and through her statement under Section164 of the CrPC the prosecutrix has s
Corroboration in the prosecutrix's statements and medical evidence is crucial in determining the credibility of the prosecution's version.
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 that voluntary relationships and proximity to adulthood can influence bail decisions, reaffirming the necessity of evaluating the risk of evidence tampering and witness intimidat....
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
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 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 ....
The court determined that continued consensual relations between parties undermined allegations of coercion, allowing bail based on absence of credible evidence of force.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation, particularly in cases involving minors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.