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SANDEEP MEHTA
Kamlesh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Sandeep Mehta, J. - The instant second bail application under Section 439 CrPC has been preferred by the petitioner Kamlesh S/o Jayraj, who is in custody in connection with the F.I.R. No.608/2020 registered at the Police Station Kotwali, District Chittorgarh for the offences under Sections 363, 366-A, 376(2)(N), 376(D), 120-B IPC and Sections 3/4, 5k/6, 16/17 of the POCSO Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.
3. The first application for bail preferred on behalf of the petitioner was rejected on 25.01.2021 giving him liberty to renew the prayer for bail after recording of the evidence of the victim. Now the statement of the victim Mst. ?R? has been recorded by the trial court on 21.10.2021.
4. Learned counsel for the petitioner urges that the entire prosecution evidence is false and fabricated. The relations between the victim and the petitioner were consensual. The victim carried her Aadhar Card (Ex.D/1) while going away with the petitioner. In this Aadhar Card, the age of the victim is shown to be above 18 years as on the date of the incident. He, thus, urged that the petitioner deserves indulgence of bail.
5.
The court established that the age of the victim, as evidenced by her Aadhar Card, and the existence of a marriage agreement were significant factors in determining the petitioner's eligibility for b....
Consent of the victim, particularly in cases involving young adults, is a critical factor in determining bail under the POCSO Act and IPC.
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 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....
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.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
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