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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. The present Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as “BNSS”) seeking regular bail on behalf of the petitioner in connection with First Information Report (hereinafter referred to as “FIR”) No.347, dated 17.12.2024, registered at Police Station City Jhajjar, District Jhajjar (Annexure P-1), for offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter "POCSO Act") and under Sections 137, 64(2) (M), 65 (1), 87 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”).
2. The genesis of the prosecution lies in a police complaint dated 17.12.2024 lodged by the mother of a 13 year old girl (hereinafter referred to as “victim”), alleging that her daughter had gone missing from their home. The complainant expressed a firm suspicion that the petitioner had enticed the victim away, a suspicion allegedly fortified by the petitioner's simultaneous absence from his own residence. Consequent to the complaint, the aforesaid FIR was registered, and an investigation was commenced. The petitioner was arrested on 25.12.2024 a
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
Prima facie evidence of sexual assault and threat to victim's family outweighed inconsistencies in victim's statements at the bail stage.
(1) Bail application – In case of non-bailable offences which do not carry a sentence of death or imprisonment for life in alternative, bail is a rule and its denial an exception.(2) Presumptions und....
The seriousness of allegations, age of the victim, victim's statements, and medical evidence are crucial factors in deciding bail applications in cases of sexual assault on minors.
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
The statutory presumption of guilt under the POCSO Act can be rebutted during trial, and bail can be granted based on the specific facts and circumstances of each case.
The right of the accused to rebut the presumption of guilt under the POCSO Act and the importance of analyzing foundational facts to trigger the presumption.
The main legal point established in the judgment is the significance of medical evidence in cases involving allegations of sexual offenses, and the court's discretion in granting bail based on the co....
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