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AMIT MAHAJAN
Mohd Rafi – Appellant
Versus
State – Respondent
JUDGMENT
Amit Mahajan, J.
1. The present petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking grant of regular bail in FIR No. 973/2022 for offences under Section 376 of the Indian Penal Code, 1860 (IPC) and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) registered at Police Station Mangol Puri.
2. It is alleged that on 28.07.2022, at around 3:00 p.m., when the prosecutrix was returning home with her sister's children, the applicant forced the children outside the lift and thereafter made forceful relations with the prosecutrix.
3. It is further alleged that on the next day, that is, 29.07.2022, when the prosecutrix was alone at home, the applicant came and made forceful relations with the prosecutrix again and afterwards also threatened the prosecutrix of dire consequences if she told anyone about the incident. The applicant was thereafter arrested on 15.08.2022.
4. The learned counsel for the applicant submits that the applicant is a carpenter by profession and was at the relevant time working in the same society where the prosecutrix resides and both were in talking terms.
5. He submits that the applicant i
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 right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
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 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 Section 29 of the POCSO Act can be rebutted by the accused, and the absence of foundational facts to support the presumption can lead to the granting of bail.
The judgment emphasizes the need to consider the testimony of the prosecutrix and the provisions of the POCSO Act while deciding bail applications, highlighting the distinction between consensual rom....
The main legal point established is that the court must consider the real-life considerations and the impact of Section 29 of the POCSO Act when assessing bail applications in cases involving sexual ....
Bail should not be granted in grave offences against minors.
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