SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(P&H) 139

SUMEET GOEL
Pardeep Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. J.K. Singla, Mr. Anup Singh AAG, Punjab

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a petition for regular bail filed under Section 439 of the Criminal Procedure Code (Cr.P.C.) by the petitioner, who is accused of offences under the Indian Penal Code (IPC) Sections 363, 366-A, 376, and the Protection of Children from Sexual Offences (POCSO) Act Sections 3 and 4 (!) (!) .

  2. The case is based on an FIR alleging that the petitioner abducted and committed sexual assault on a minor girl, with the incident allegedly involving false representations and taking the victim away from her school (!) .

  3. The prosecution's witnesses, including the victim and her family members, have turned hostile, which has impacted the strength of the evidence against the petitioner (!) .

  4. The petitioner has been in custody since 26.05.2023, approximately nine months and twenty-four days at the time of the hearing, with no evidence suggesting an intent to abscond or interfere with the investigation (!) .

  5. The court considered the importance of ocular evidence versus scientific evidence, such as DNA testing, emphasizing that scientific evidence alone should not be the sole basis for conviction. The court noted that the scientific evidence (FSL/medical) was not conclusive enough to establish guilt without corroboration (!) .

  6. The court acknowledged that the witnesses' hostility and the conflicting nature of the evidence necessitate a thorough trial to determine credibility and relevance, and at this stage, the absence of tangible evidence indicating flight risk or interference justified granting bail (!) .

  7. The court observed that the petitioner had no involvement in other cases and that further detention was unwarranted given the circumstances (!) .

  8. The bail was granted with specific conditions to prevent misuse, tampering with evidence, absconding, committing further offences, and to ensure cooperation during the trial. The petitioner was also directed to deposit his passport and provide his cellphone number to authorities (!) - (!) .

  9. The court clarified that its decision to grant bail does not reflect any opinion on the merits of the case and that the bail could be revoked if conditions are breached or if new circumstances arise (!) .

  10. The main case and any pending miscellaneous applications were disposed of following the bail order (!) .

These points encapsulate the essence of the court's reasoning, the procedural posture, and the conditions imposed for bail, reflecting the court's approach to balancing the rights of the accused with the interests of justice.


Judgment

Mr. Sumeet Goel, J.

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.122 dated 25.05.2023, registered for the offences punishable under Sections 363, 366- A, 376 of IPC, 1860 (Act No.45 of 1860) and Sections 3 & 4 of the POCSO Act, 2012 (Act No.32 of 2012) at Police Station Sadar Mansa, District Mansa.

2. The case set up in the FIR in question is as follows:-

“Statement of Iqbal Singh Son of Jalaur Singh, resident of Village Uddat Bhagat Ram, aged about 40 years, M.No.82830-80473 stated that I am resident of the above mentioned address and working as labourer. My marriage was solemnized about 17 years ago with Simarjeet Kaur daughter of Mander Singh, resident of Takhtmal, Haryana, Sirsa and three children were born out from our both wedlock and out of which elder daughter Randeep Kaur aged about 14 years and two sons younger from her. My wife Simarjeet Kaur is residing at her parental village from last two years due to having dispute with me and three children are residing with me. My elder daughter Randeep Kaur who was studying in 10th Class at Government High School, Village Mojia and whose date of

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top