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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
Varun Kumar Singh – Appellant
Versus
State (SHO Rajinder Nagar) – Respondent
| Table of Content |
|---|
| 1. petition for bail in sexual offense case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding relationship and consent. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis of evidence and legal standards related to bail. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. decision to grant bail and conditions. (Para 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
VIKAS MAHAJAN, J.
1. The present petition has been filed on behalf of the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) seeking regular bail in connection with FIR No. 357/2023 dated 12.08.2023 registered under Sections 363 /366A/376 of the Indian Penal Code, 1860 ( IPC ) and Section 4 of the POCSO Act, 2012.
2. The case of the prosecution, as borne out from the chargesheet dated 10.10.2023 and the status report dated 22.08.2025, is that on 12.08.2023, a PCR call vide DD No. 38 was received from the complainant. Thereafter, a case was registered upon the statement of the complainant, who alleged that his daughter (hereinafter, ‘the prosecutrix’), aged about 141/ years, at
2 around 11:00 AM went behind the Ganga Ram City Hospital to get tea, fr
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....
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....
Kidnapping and rape of girl child – Children are deemed to be incapable of consent and consent is no defence to offences punishable under POCSO Act.
The central legal point established in the judgment is that the age and consent of the prosecutrix, coercion, and manipulation of official documents are crucial factors in determining the grant of ba....
The testimony of the prosecutrix in sexual assault cases is crucial and can be sufficient for conviction, with the presumption of guilt under the POCSO Act placing the burden of proof on the accused.
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 central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
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....
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