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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Suresh Kumar – Appellant
Versus
UT of J&K – Respondent
ORDER :
1. The petitioner figures as an accused in charge-sheet titled “UT of J&K vs. Suresh Kumar” pending before the Court of Principal Sessions Judge, Samba (for short “Trial Court”) and is seeking bail in the above mentioned charge- sheet arising out of FIR No. 173/2022 dated 11.12.2022 under Section 376 IPC and Sections 3/4 of the POCSO Act.
2. It is stated that the petitioner has been falsely implicated in the case as the petitioner and the victim intended to marry but her parents were against the said marriage. It is further contended that there is a serious dispute with regard to the age of the victim.
3. Learned counsel for the respondents has filed the response stating therein that the petitioner is involved in commission of heinous offence of rape with a minor and, as such, he does not deserve to be enlarged on bail.
4. Learned counsel for the petitioner submits that there are contradictions in the evidence of the witnesses recorded before the learned trial Court. He further submits that there is a serious dispute with regard to the age of the prosecutrix as in the register maintained by the Chowkidar of the concerned village, the date of birth of the victim has been recorde
The decision to release the accused on bail was based on the consideration of the prosecutrix's statement, the nature of the allegation, and the period of custody of the petitioner.
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.
The testimony of the prosecutrix in sexual assault cases is crucial and can be sufficient for conviction, with the presumption of guilt under the POCSO Act placing the burden of proof on the accused.
The court emphasized the need for conclusive evidence for age determination in sexual offences, preferring statutory documents over inconsistent records, thereby reinforcing the accused's benefit of ....
The age of the prosecutrix and the gravity of the crime are paramount considerations in determining bail for offences under Section 376 IPC and Section 6 POCSO.
The court emphasized the gravity of allegations involving minors when considering bail applications, underscoring the assurance of justice and witness integrity.
Bail – Under POCSO Act, age of victim is decisive factor – If victim is below 18 years of age, law presumes that she is incapable of giving valid consent.
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