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SATYEN VAIDYA
Bhajan Singh, S/o Sh. Purni Ram – Appellant
Versus
State Of Himachal Pradesh Through Principal Secretary (Home) – Respondent
ORDER :
Petitioner is an accused in case FIR No. 5/2022, dated 16.01.2022, under Section 376 of the Indian Penal Code (for short ‘IPC’) and Section 4 & 6 of Prevention of Children from Sexual Offences Act (for short ‘POCSO Act’), registered at Police Station Nankhari, Tehsil Nankhari, Distt. Shimla, H.P.
2. The victim was on visit to Shimla since 07.01.2022 and was staying with her Aunt (Massi). Since 11.01.2022, the victim was not feeling well. On 15.01.2022, the victim was advised certain tests by the Medical Officer in Deen Dayal Upadhay (D.D.U.) Hospital, Shimla and from such tests it was discovered that victim was carrying pregnancy. Thereafter victim disclosed to her mother that she was subjected to forcible sexual assault by the bail petitioner firstly on 04.11.2021 and thereafter on 10.12.2021. She disclosed that on 04.11.2021, she was assaulted at village Sholi (Karalta) when she had gone to participate in a fair and on 10.12.2021, the bail petitioner visited her house at 1:30 in the night and had committed offence. The father of the victim, with aforesaid allegations, approached police on 16.01.2022, on the basis of which, the above noted case came to be registered.
3. Petit
Point of Law : POCSO – Grant of Bail - victim had not disclosed the factum of sexual assault on her by the petitioner, in her initial version to the police. The successive statements of the victim ha....
Provisions relating to sexual assaults on minors have been made very stringent in Indian Penal Code, besides enactment of a special Act known as “The Protection of Children from Sexual Offence Act.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
Point of Law : Petitioner cannot be kept behind bars for an unlimited period, so petitioner may be enlarged on bail by allowing instant petition.
Pre-trial incarceration is not rule.
The petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the I....
Point of Law : Person cannot be kept behind the bars for an unlimited period.
The prolonged pre-trial detention without progress violates the right to speedy trial under relevant statutes.
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