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Pushpendra Chauhan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Mohit Singh, learned counsel for the applicant and Sri Shivam Yadav, learned counsel for the informant as well as Sri P.K. Srivastava, learned AGA for the State and also perused the material placed on record.
2. By means of the present bail application, the applicant seeks bail in Special Sessions Trial No. 291 of 2020 arising out of Case Crime No. 30 of 2020, under Section 376D Indian Penal Code, In short “IPC” and Sections 5/6 of Protection of Children from Sexual Offences Act, 2012, In short “POCSO Act”, Police Station-Hasanpur, District-Amroha, during the pendency of trial.
PROSECUTION STORY
3. The facts of the case in a nutshell are that the victim was in touch with the applicant through mobile chatting. On 17.01.2020, the victim had gone to the house of her aunt and at about 06:30 PM, she had gone to the crossing at Gajraula and the applicant is stated to have enticed her away on the pretext of giving her some gifts on the promise that they shall return within a period of one hour. On the way to Hasanpur, the applicant is stated to have taken her in a room near tubewell wherein one unknown person was standing guard, armed with a country made pistol and the
The court emphasized the responsibility to consider the victim's interest and found the applicant's arguments regarding the victim's age and consent unconvincing.
Bail Rejected - Rape - There is no doubt that liberty is important, even that of a person charged with crime but it is important for courts to recognise potential threat to life and liberty of victim....
The principle of 'Presumption of Innocence Unless Proven Guilty' supports bail as a rule, emphasizing the right to liberty under Article 21 of the Constitution.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
The judgment establishes that in cases involving consensual relationships among adolescents, particularly under the POCSO Act, courts must carefully evaluate the context and the victim's autonomy whi....
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
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