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MANJARI NEHRU KAUL
Dharambir – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - The petitioner is seeking grant of regular bail under Section 439 Cr.PC in case FIR No.681 dated 07.11.2020 under Sections 341, 342, 376(2)(n), 376(2)(f), 376-D IPC registered at Police Station City Karnal, District Karnal.
2. Learned counsel for the petitioner inter alia contends that on 03.10.2020, the prosecutrix went missing from her house, as a result of which, FIR No.281 dated 04.10.2020 under Section 346 IPC at Police Station Sadar Safidon was lodged by her mother. At the time of registration of aforementioned FIR, the mother of the prosecutrix did not raise any suspicion qua the involvement of any person much less the petitioner. She further submits that after her recovery on 04.11.2020, prosecutrix got her statement recorded under Section 164 Cr.PC wherein she stated that she had gone to Shimla of her own accord and stayed there for 15 days in the house of a friend. Thereafter, she had gone and stayed in the house of one Akritiat Karnal for one week and thereafter, she met the police in Karnal and expressed her desire to return home. Learned counsel contends that in her first statement recorded under Section 164 Cr.PC, the prosecutrix
The credibility and authenticity of statements made by the prosecutrix, especially in cases where contradictory versions are presented, are crucial in determining the grant of bail.
The delay in mentioning the petitioner's name, the prosecutrix's inconsistent statements, and the prolonged trial without the prosecutrix appearing influenced the court's decision to grant regular ba....
The court's decision was influenced by the serious nature of the allegations of rape and the provisions of the POCSO Act against the petitioner.
The main legal point established in the judgment is the importance of evaluating the evidentiary value of the prosecutrix's statement for the purpose of granting bail, and the court's authority to ta....
The delay in filing the FIR and the conduct of the complainant can raise doubts about the credibility of the allegations in cases of sexual offenses.
The significance of delay in filing the FIR, lack of supporting evidence, and voluntary actions of the complainant and the accused and his family are crucial factors in considering bail applications ....
The court established that initial statements made under Section 164 Cr.P.C. can carry significant weight in bail considerations, especially when later testimonies may be influenced by external facto....
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