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SATYEN VAIDYA
Amit – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused of commission of offences under Sections 363, 366-A, 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act (for short, “POCSO” Act), registered vide FIR No. 60 of 2020, dated 29.07.2020 at Police Station, Pachhad, District Sirmaur, H.P. He is facing trial before learned Special Judge, Sirmaur District at Nahan.
2. The case was registered vide FIR No. 60 of 2020 on the complaint of the father of the victim. It was alleged that the victim was aged about 16 years and 2 months old, when the alleged offence was committed. Petitioner is accused of having taken the victim out of the guardianship of her parents without their consent for purposes of marrying her and had thereafter committed rape on her. As per allegations made in the complaint, on 29.07.2020, the petitioner had taken the victim from her native village via Delhi to Meerut to his house, where, as per victim, the rape was committed upon her. It is further alleged against petitioner that he was already married. The prosecution has already examined 11, out of the total 24 cited witnesses.
3. Petitioner has prayed for grant of bail on the ground that he h
Concern of this Court at this stage is to secure fair and expeditious trial of case.
Right of speedy trial is a valuable constitutional right.
Completion of fair and expeditious trial can be taken care of by putting petitioner to appropriate terms.
Investigation is already complete and petitioner cannot be ordered to be incarcerated for indefinite period - Trial of the case is likely to take considerable time before the conclusion.
Pre-trial incarceration cannot be applied as a matter of rule.
The right to speedy trial is a valuable right available to the accused, and delay in trial can be a factor in granting bail.
Point of Law : Appellant cannot take benefit from this admission of PW-7 for the simple reason that the injuries suffered by the victim on her breast could be caused by more than one reason and it wa....
The court affirmed conviction under the POCSO Act for aggravated penetrative sexual assault based on corroborative medical evidence despite minor inconsistencies in the victim's testimony.
The court affirmed that intoxication negates consent in cases of sexual assault against minors, emphasizing the importance of corroborative evidence in establishing the accused's guilt.
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