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DINESH KUMAR SHARMA
Sher Khan – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been filed under section 439 Cr.P.C seeking a grant of regular bail in FIR No. 35/2021 under Sections 363 IPC registered at PS Jahangir Puri, Delhi.
2. Brief Facts of the case are that the present FIR was lodged on the statement of the mother of the prosecutrix who reported the missing of her daughter "K" and stated that her daughter left home at around 9:30 AM on 20.01.21 and based on her statement, the present case was registered.
3. The supplementary chargesheet has also been filed.
4. Learned counsel for the petitioner submits that the petitioner is in custody since 12.03.2021. It has further been submitted that the prosecutrix has already been examined. Learned counsel submits that the age of the prosecutrix as per the ossification report was between 17 to 18 years as of September, 2021. Learned counsel for the petitioner further submits that if the two-year margin is taken into account, the age of the prosecutrix is on the higher side on the date of the alleged offence, i.e. was 18 years and therefore the petitioner may be admitted to bail.
5. Learned APP has submitted that the offence is serious in natur
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 court considered the absence of criminal antecedents of the petitioner and the pending trial as grounds for granting bail in a case involving allegations of abduction and rape of a minor girl.
The court established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
Bail – Under POCSO Act, age of victim is decisive factor – If victim is below 18 years of age, law presumes that she is incapable of giving valid consent.
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