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VIVEK PURI
Pritam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vivek Puri, J. (Oral) - Custody certificate has been placed on record.
2. Through instant petition, the petitioner is seeking regular bail in case bearing FIR No.75 dated 19.07.2021 under Section 354-A IPC, Section 8 of Protection of Children from Sexual Offences, Act and Section 3 of SC & ST Act, registered at Police Station Ghall Khurd, District Ferozepur.
3. Briefly, the allegations against the petitioner are to the effect that on 17.07.2021, the victim, who is aged about 12 years, alongwith three/four other girls have been visited Gurudwara Sahib in the village where the petitioner had touched her inappropriately and committed sexual assault, while she was present in the langar hall.
4. Learned counsel for the petitioner contends that there is delay of two days in lodging the FIR and the wife of the petitioner was inflicted injuries by the residents of village in the occurrence which took place on 19.07.2021. In this regard, the matter was reported to the police, but the FIR bearing No.77 dated 30.07.2021 under Sections 323/324/32/355/500 and 149 IPC was registered at a later stage. The father of the victim is working as seeri of Nirmal Singh who is companion of the accuse
The decision to grant bail was influenced by the prolonged custody, limited progress in the trial, and the potential for false implication.
Bail dismissed - Offence of Rape - Allegation of violation of person of victim is duly corroborated by DNA profiling as petitioner has been found biological father of child delivered by victim - Cour....
Point of Law : grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decision....
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
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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