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2022 Supreme(All) 268
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rahul Chaturvedi, J.
Shubham @ Bachha - Applicant
Versus
State of U.P. – Opposite Party
Criminal misc. Bail application No. 46319 of 2021
Decided On : 04-03-2022
Important Points
Act Referred
INDIAN PENAL CODE : S.342, S.376, S.506
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.5, S.6
Headnote
Protection of Children from Sexual Offences Act - Sections 342, 376, 506 – Indian Penal Code, 1860 – Section 5 and 6 – Sexual Offence - Applicant is seeking enlargement on bail during trial - Contention raised by applicant that age of prosecutrix is barely 13 years, provely minor girl applicant is sole named accused persons – (Para 4,5).
Finding of the Court:
Court have keenly perused the statement given by the doctor that the applicant happens to be uncle of the prosecutrix and he has touched minor girl in a indecent way, and has tried to rub his genitals by her - This by itself is abhorring and repulsive statement given by minor girl against the applicant.
Result: Applicant is hereby rejected.
Advocate Appeared:
For the Applicant : Atul Kumar Tripathi, Kumar Vikrant
For the Opposite Party : Mahadeo Singh Chandel
JUDGMENT :
1. Heard learned counsel for the applicant and learned AGA for the State.
2. By means of this application, the applicant who is involved in case crime no. 103 of 2021, under Sections 342, 376, 506 IPC, and 5/6 Protection of Children from Sexual Offences Act (POCSO), P.S. Kotwali City, District Banda, is seeking enlargement on bail during the trial.
3. Contention raised by the applicant that the age of the prosecutrix is barely 13 years, provely minor girl. The applicant is sole named accused persons.
4. I have keenly perused the statement given by the doctor that the applicant happens to be the uncle of the prosecutrix and he has touched the minor girl in a indecent way, and has tried to rub his genitals by her. This by itself is abhorring and repulsive statement given by the minor girl against the applicant.
5. Under the circumstances, I am not inclined to exercise my powers under Section 439 Cr.P.C. in favour of the applicant, the bail application of the applicant is hereby rejected.
6. However considering the peculiar facts and circumstances of the case the trial court is expected to conclude and gear up the trial of the applicant on priority basis without granting unnecessary adjournments to either of the parties.
