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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SAKUR KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 439 Cr.P.C . (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.163/2024 registered at Police Station Kolayat, District Bikaner for the offences under Section 137(2) of BNS and Section 9(m)/10 of POCSO.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. As per the prosecution story, the petitioner who is aged about 27 years, on 02.10.2024, around 6:30 pm, took the complainant’s four years old daughter namely ‘N’ under the pretext of offering her prasad. As per the prosecution, when the complainant and other family members of the victim ‘N’ started searching her, they found that the petitioner was trying to undress the minor girl.
4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. The family members of the victim ‘N’, owing to some previous animosity between the parties has changed the entire narrative of the incident and have falsely roped the petitioner in a criminal case. It was further argued that the petitioner is an innocent person; the investigation aga
The POCSO Act establishes a presumption of guilt based on credible victim statements, shifting the burden of proof to the accused.
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 considered the statement of the prosecutrix, completion of police investigation, and the young age of the petitioner in granting bail under Section 439 Cr.P.C.
Bail can be granted when there is no risk of influencing witnesses or tampering with evidence, especially in lengthy trials.
The court denied bail due to serious allegations of sexual assault on a minor, emphasizing the need for expeditious trial.
Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is ca....
The court highlights the scrutiny required for delay in FIRs in sexual offences, emphasizing the need to evaluate potential false implications.
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.
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