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VIVEK PURI
Rahul Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vivek Puri, J. (Oral) - Rahul Kumar-petitioner is seeking regular bail in the case bearing FIR No. 7 dated 05.02.2021, under Sections 376 IPC and Section 4 of POCSO Act, 2012, registered at Police Station Narot Jaimal Singh, District Pathankot.
2. Briefly, the case has been registered on the statement of the mother of the victim alleging that on 02.02.2021 at about 11:30 AM, she returned back from the school where she was working as Class-IV employee and the victim informed her that Rahul Kumar son of Parshotam Lal committed rape upon her while she was working in the kitchen.
3. Learned counsel for the petitioner contends that the petitioner is in custody since 05.02.2021, is not involved in any other case and furthermore, during the course of trial, the victim has not identified the petitioner.
4. On instructions from ASI Tarsem Singh, learned State counsel has opposed the bail application on the score that the victim has imputed allegations of commission of rape against the petitioner in the statement under Section 164 Cr.P.C.Be that as it may, during the course of trial, the victim has not identified the petitioner. It has emerged in the statement of the prosecutrix (Annexu
In sexual offence bail applications involving minors, DNA evidence excluding accused paternity, combined with prolonged detention, recorded victim testimony, and conditional safeguards against tamper....
The court emphasized that at the stage of bail, the court cannot go into the detailed examination of the facts and should take a prima facie view, considering the gravity of the offense and the circu....
The Court's decision was influenced by the prosecutrix's statement and the lack of mention of the petitioner's name in the police statement, highlighting the importance of consistency and credibility....
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
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