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RAJ MOHAN SINGH
Sanjay Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Raj Mohan Singh, J. (Oral) - The case has been taken up for hearing through video conferencing.
2. Petitioner seeks grant of regular bail in his second attempt under Section 439 Cr.P.C in case bearing FIR No.11 dated 12.01.2019, registered under Sections 376, 506 and 354 IPC and Section 4 of POCSO Act, 2012, at Police Station Tibba, District Ludhiana.
3. CRM-M-20811 of 2020 was got dismissed as withdrawn on 06.01.2021. FIR was registered at the instance of Ashutosh Tewari who alleged in the FIR that his minor sister-in- law was with his family for the last 3 years and was studying in the school. The petitioner was having an evil eye on the minor and he used to tease her. Despite objection by the complainant party, the petitioner did not mend his ways. On 03.01.2019, at about 7.30 pm, wife of the complainant was present in the house and was working on the ground floor. The minor victim/prosecutrix was in the room at upper floor. The petitioner entered the house and the room of the victim. When the complainant arrived at the house and heard the noise of the victim, the complainant went to the first floor and saw the petitioner running from the room. The girl was crying. On inqu
The impact of delay in trial and the COVID-19 pandemic on the grant of regular bail in criminal cases.
The court may grant bail when the trial is expected to take a long time and no useful purpose would be served by keeping the accused in custody, especially when key prosecution witnesses do not suppo....
The central legal point established in the judgment is the significance of the minor victim's statement expressing consent to the relationship and reluctance to pursue legal action against the petiti....
The delay in framing charges and the prolonged custody of the petitioner influenced the court's decision to grant regular bail.
The age of the victims and the support for the allegations in the statement made under Section 164 Cr.P.C. were crucial factors in the court's decision to dismiss the bail petition.
The victim's refusal for medical examination, lack of allegations against the petitioner, and her expressed desire to live with the petitioner influenced the court's decision to grant bail.
Consent to accompany, wander or to have dinner and to stay in a room does not, in all eventuality, amount that there is consent of a girl or woman to have sexual intercourse.
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