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AMIT MAHAJAN
Amit Thapliyal – Appellant
Versus
State – Respondent
JUDGMENT
Amit Mahajan, J.
1. The present application has been filed under Section 439 of Code of Criminal Procedure, 1973 ("Cr.P.C.") praying inter alia, for the grant of regular bail in FIR No. 256/2021 dated 17.06.2021, registered under sections 354A and 376AB of the Indian Penal Code, 1860 ("IPC") and Sections 6,10, and 12 of Protection of Children from Neutral Citation Number is 2023/DHC/001595 Sexual Offenses Act, 2012 (POCSO Act) at Police Station Ghazipur, New Delhi.
BRIEF FACTS
2. The FIR was registered on the complaint of the applicant's wife dated 28.11.2020 (hereinafter referred to as "complainant") on behalf of her daughter, who is the victim. The FIR was initially registered for offences under Section 354(A) of the IPC and Sections 10 & 12 of the POCSO Act. Following the statements made under Section 161 Cr.P.C by the victim, Section 376AB of IPC & Section 6 of the POCSO Act were added. After investigation, the chargesheet was filed on 07.09.2021, and charges under Sections 6, 10 & 12 of the POCSO Act and Section 354A IPC have been framed against the applicant/accused on 30.10.2021. The applicant was arrested on 15.07.2021 and has been in judicial custody since then.
3.
The court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
Presumption of guilt under POCSO, consistency of witness statements, attempt to influence witness as grounds for denying bail
The central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
The testimony of the prosecutrix for an offence under Section 376 of the IPC does not require corroboration as long as it inspires confidence, but corroboration is essential for allegations under the....
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.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
The consensual nature of the relationship, the age of the accused and the prosecutrix, and discrepancies in the statements given at different times are crucial factors in considering bail under POCSO....
The main legal point established in the judgment is that the decision to grant anticipatory bail was influenced by the evidence presented, lack of requirement for further custodial interrogation, and....
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