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DINESH KUMAR SHARMA
Surestha – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 24121/2023
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 3003/2023
3. Present bail application has been filed under section 438 CrPC seeking anticipatory bail in case FIR No. 359/2023 dated 18.06.2023 registered under Sections 323/341 IPC r/w Section 75 J.J. Act at PS Govind Puri. Later, section 12 of POCSO Act was also added.
4. The allegations in the FIR are quite grave and strange in nature. As per the FIR the victim, a minor child aged 7 yrs, was beaten & disrobed by the husband of the applicant in public. Allegations were also levelled that the victim was given electric shock. It was alleged that the victim child used to ring the doorbell of people in the neighbourhood at night, and that he rang the doorbell of the house of the petitioner, where she resides along with her husband and children.
5. On the night of the incident at around 01:00 AM when the child rang the bell of the petitioner, the husband of the petitioner i.e. co-accused Amit got so angry that he apprehended the child, disrobed him, gave him beatings and also gave him electric shock.
6. Learned counsel for t
The court considered the seriousness of the allegations and the petitioner's responsibility for four children in deciding the bail application.
The court considered the period of detention and the seriousness of the allegations in deciding to admit the petitioner to court bail.
The seriousness of the allegations, cooperation in the investigation, and verification of the victim's age are crucial factors in considering anticipatory bail applications.
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 considered the grounds for granting bail, including the prima facie case, the possibility of the accused being away from the cause of justice, and the possibility of intimidating or threate....
The seriousness of allegations, age of the victim, victim's statements, and medical evidence are crucial factors in deciding bail applications in cases of sexual assault on minors.
Point of Law : Power under section 438 is an important tool for court to protect personal liberty of persons, which is one of fundamental rights guaranteed under Constitution of India.
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....
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