Back
SANJAY DHAR
Shonki Lal – Appellant
Versus
Union Territory of J&K Through Station House Officer, Police Station Billawar, Kathua – Respondent
JUDGEMENT
1. The petitioner has filed the instant application under section 439 of the Code of Criminal Procedure seeking bail in a case arising out of FIR No. 100/2023 for offences under sections 376/511, 354, 354-B, 354-C IPC and Section 8 of POCSO Act registered with Police Station, Billawar, Kathua.
2. The facts leading to filing of present bail application are that the complainant, who happens to be the father of the victim, lodged a report with the Police Station, Billawar alleging therein that on 09.07.2023, he alongwith his daughter had gone to attend the marriage ceremony in their mohallah. He further alleged that the petitioner, who was working as a driver with Bus No. JK02AX-5083 had come over there with the Barat. It was further alleged that when the victim went behind the tent for urination, the petitioner who was waiting over there carried the victim to a field alongwith him. It was further alleged in the report that when the complainant could not find her daughter, he went out to search for her and found her in the field without cloths on her body. The victim told the complainant that she had been taken away by the petitioner to the field and thereafter, he had torn ap
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 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.
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
The court emphasized the need to balance the presumption of guilt under POCSO Act with the right to bail, considering the stage of trial and the applicant's circumstances.
The presumption of guilt under Section 29 of the POCSO Act can be rebutted by the accused, and the absence of foundational facts to support the presumption can lead to the granting of bail.
The presumption of guilt under Section 29 of the POCSO Act can be rebutted by the accused if foundational facts are not established, and the court must consider the evidence presented when deciding o....
The presumption of guilt under the POCSO Act is rebuttable, and if the accused can demonstrate a prima facie case of innocence, bail may be granted despite the serious nature of the charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
