SAMIT GOPAL
Sudhir Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.
2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sudhir Singh, seeking enlargement on bail during trial in connection with Case Crime No. 116 of 2019, under Section 376 IPC and Section 5/6 Protection of Children from Sexual Offences Act, 2012, registered at P.S. C.B.Ganj, District Bareilly.
3. The first information report of the case was lodged on 23.03.2019 by Rajvir Singh against the applicant alleging therein that on 20.03.2019, he and his family members were not in the house. His daughter/victim/prosecutrix was alone there. Taking advantage of it, applicant lured his daughter and took her near a pond and committed rape upon her. His daughter is aged about 12 years. At the time of incident, victim started shouting and then on hearing it, they reached the place of occurrence after which applicant ran away. The incident is of about 10:00 PM. On asking, the victim disclosed the name of the applicant as Sudhir and told him that he has committed rape upon her. The v
Even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is ca....
The court emphasized the seriousness of the allegations and the need for expeditious trial in cases involving offences against children and threats to their safety.
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.
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
The court emphasized that minor discrepancies in a victim's statements do not undermine the prosecution, and the gravity of sexual assault against minors requires careful consideration in bail applic....
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