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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Kashish Batra – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of the crime and facts regarding the victim (Para 1 , 2 , 3 , 4 , 5) |
| 2. initial bail application dismissed (Para 6) |
| 3. arguments from the petitioner and opposition (Para 8 , 9 , 10) |
| 4. court's analysis of bail considerations (Para 12 , 13 , 14 , 15) |
| 5. reasons for denying the bail application (Para 16) |
| 6. final order and directives for trial (Para 17 , 18) |
JUDGMENT
Subramonium Prasad, J. The petitioner has filed the instant petition under Section 439 Cr.P.C. for seeking regular bail in FIR No.442/2020, dated 28.10.2020, registered at Police Station Tigri, Delhi, under Sections 370 , 370(A), 372, 374, 376 and 342 IPC and Section 6 of the POCSO Act.
2. On 28.10.2020, a complaint was given by the prosecutrix stating that she is studying in 8th standard and is staying with her family at B-453, Sangam Vihar, New Delhi. It is stated that her father caught her chatting with a boy named Nadeem with whom she had fallen in love. It is stated that on 11.07.2020, her elder brother once again caught her talking/chatting on phone with Nadeem and he slapped her. The prosecutrix states that she left her home and got into a battery rickshaw. She did not have her mobile phone.
The court established that in cases involving serious charges such as rape of a minor, bail should be denied to prevent potential tampering with evidence and to protect the victim's safety.
The severity of the accusations, the impact on the victim, and the likelihood of witness tampering are crucial factors in determining bail applications in cases involving heinous offences such as rap....
Bail – Court should be circumspect in granting bail in POCSO cases.
Bail Application dismissed - Sexual offence - Absence of FSL report - It is settled law that the victim of sexual assault is not treated as accomplice and as such, her evidence does not require corro....
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
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 court emphasized the importance of prima facie evidence, seriousness of allegations, and potential threat to the victim and witnesses in deciding on bail applications.
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
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