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SATYEN VAIDYA
Balvir Sharma S/o Sh. Shiv Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
ORDER :
Petitioner is an accused in case registered vide FIR No. 68 of 2021, dated 12.09.2021 at Police Station Chopal, District Shimla, H.P. under Sections 376, 342, 34 of Indian Penal Code (for short “IPC”) and Section 4 of the Prevention of Children from Sexual Offences (for short “POCSO”) Act, 2012. Petitioner is in custody since 14.09.2021.
2. Petitioner has approached this Court for grant of bail, in above noted case, under Section 439 Cr. P.C., on the grounds that he has been falsely implicated in the case with a view to harass him unnecessarily. The allegation of petitioner is that his false implication is at the instance of persons having inimical relations towards him. He has nothing to do with the alleged offence. Even there is no allegation against him of sexual assault on the victim. Dinesh Kumar, the other co-accused in the case is employed by the petitioner as co-driver-cum-helper. As per petitioner, on 12.9.2021 he alongwith his co-driver-cum-helper Dinesh Kumar stopped the vehicle near place known as “Lani” for checking the condition of vehicle and for having some refreshments. Dinesh Kumar decided to sit in the vehicle. The petitioner visited nearby market to collec
The severity of accusations, legislative intent behind POCSO Act, and potential danger of influencing witnesses are crucial factors in bail decisions.
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.
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
The court highlights the scrutiny required for delay in FIRs in sexual offences, emphasizing the need to evaluate potential false implications.
The POCSO Act establishes a presumption of guilt based on credible victim statements, shifting the burden of proof to the accused.
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....
The court emphasized the need to balance personal and societal interests, especially in cases involving serious offences and the reverse onus provision under Sec. 29 of the POCSO Act.
The court emphasized the balance between the presumption of innocence and the need for victim safety, allowing bail with strict conditions.
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