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G. K. ILANTHIRAIYAN
Murugan – Appellant
Versus
State Rep. by The Inspector of Police, Kanyakumari – Respondent
JUDGMENT
(Prayer: To enlarge the petitioner/accused on bail in special sessions case no.38/2023 in crime no.12/2023 on the file of respondent police.)
The Court made the following order:
The petitioner /Accused who was arrested and remanded to judicial custody on 17.04.2023 for the offences under sections 376 (AB), 506(i) of IPC and section 5(m), 5(n),5(l) and 6 of POCSO Act in Crime No.12 of 2023 (Spl.S.C .No.38 of 2023 by the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Kanniyakumari at Nagercoil )on the file of the respondent police seeks bail.
2. The victim is aged about 6 years and the petitioner is aged about 34 years. The case of the prosecution is that the accused who is the father of the victim had committed penetrative sexual assault on his own daughter and threatened her. Hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report and the statement of the victim recorded under Section 164 of Cr.P.C.
4. It is seen that the petitioner is the father of the alleged victim. A perusal of the statement of the victim recorded under section 164 of Cr.P.C reveals the fact that nothing had
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 prolonged pre-trial detention without progress violates the right to speedy trial under relevant statutes.
Substantial period of incarceration compared to maximum punishment is a significant factor in bail decisions.
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.
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.
The court considered the statutory presumption of guilt operating against the accused in a case relating to an offence under the POCSO Act, the specific role of the accused in the alleged crime, and ....
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