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J. C. DOSHI
Sunitaben W/o Vijaybahi Harishchandra Batunge – Appellant
Versus
State Of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
Rule. Learned APP waives service of Rule for Respondent Nos.1 and 2 and learned Advocate, Mr. Thakur, waives for Respondent No.3-original accused.
1. At the outset, relevant it would be to refer to the observations made by the Hon’ble Apex Court in the case of ‘Bhagwan Singh vs. Dilip Kumar @ Deepu @ Depak And Another’, reported in 2023 SCC Online SC 1059, recording that ‘Rape’ is a heinous crime and a blow on the dignity of women. The relevant observations made by the Apex Court at Paragraph-18 thereof, reads thus;
(where women are respected Gods live there) would recede to the background and the guilty not being punished by process of law or accused persons are allowed to move around freely in the society or in spite of there being prima facie material being present they are allowed to move around freely in the society be
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
The main legal point established is the need for sound reasoning and consideration of relevant factors in granting bail, especially in cases involving serious offences and statutory presumptions of g....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.
(2) Bail granted without due consideration of material factors warrants interference – I....
The main legal point established is the need for fair trial and protection of witnesses in cases involving sexual offences against children, especially under the POCSO Act.
The judgment establishes that in cases involving serious allegations under the POCSO Act, strict compliance with procedural requirements is essential to protect the rights of victims and ensure a fai....
The age of consent is irrelevant in bail decisions under the POCSO Act; factors such as the nature of the offence and the accused's behavior must guide discretion.
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.
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