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DINESH KUMAR SHARMA
Manoj Kumar – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been filed seeking grant of bail in case FIR No. 377/2022 under Sections 363/354A IPC read with Section 10 of POSCO Act registered at PS Govind Puri, New Delhi.
2. Learned counsel for the petitioner submits that the present FIR has been lodged on account of the previous enmity between the families. Learned counsel for the petitioner submits that as per the MLC on record there was no penetration and that except legs, no other part of the prosecutrix/victim was touched.
3. Learned counsel for the petitioner submits that the accused is in custody since 30.06.2022 and since the charge-sheet has already been filed and the trial may take a long time therefore, the petitioner may be admitted to bail.
4. On the last date, notice was issued to the prosecutrix/victim as per office report, victim has duly been served through her guardian. However, none is present on her behalf.
5. Learned APP for the state has vehemently opposed the bail application on the ground that the victim was only 6 years old. Learned APP for the state submits that even it is not the case of the prosecution that it was a case of penetration. Learne
Granting bail in cases involving serious allegations requires consideration of the specific circumstances and the need to await the appreciation of evidence by the trial court.
The court considered the totality of the facts and circumstances, including the statement of the prosecutrix and the ossification test results, in granting regular bail to the petitioner.
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 court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
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 has the discretion to grant bail, even in serious cases, subject to imposing appropriate conditions to ensure the safety and compliance of the accused.
The statutory presumption of guilt under the POCSO Act can be rebutted during trial, and bail can be granted based on the specific facts and circumstances of each case.
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