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RAJESH SINGH CHAUHAN
Anuj Arya @ Dabbu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJESH SINGH CHAUHAN, J.
1. Heard Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Raghvendra Pandey, learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned AGA-I for the State and Sri Shiv Kumar Yadav, learned counsel for the informant/ complainant.
2. As per learned Senior Advocate, the present applicant is in jail since 06.03.2022 in Case Crime No. 107 of 2022, under Sections 363, 366, 376 IPC and Section 5L/6 of POCSO Act, Police Station-Ashiana, District-Lucknow.
3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 05.03.2022 for the alleged incident dated 12.12.2021 and the aforesaid inordinate delay has not been explained.
4. As per the prosecution story, the present applicant has allegedly established physical relation with the prosecutrix/ child forcefully without her consent and has threatened her not to say anything to anyone otherwise she will have to face dire consequences. In her statement recorded under Section 161 Cr.P.C., she has narrated the prosecutio
The testimony of a minor victim in sexual assault cases is vital and can be sufficient for conviction, with the presumption of guilt resting on the accused under the POCSO Act.
The testimony of a minor victim in sexual assault cases is crucial and can be the sole basis for conviction if it is credible, and trials under the POCSO Act should be expedited.
The court established that the testimony of a minor victim in sexual assault cases is crucial and can stand alone for conviction, emphasizing the presumption of guilt under the POCSO Act when the vic....
The testimony of the prosecutrix in sexual assault cases is crucial and can be sufficient for conviction, with the presumption of guilt under the POCSO Act placing the burden of proof on the accused.
The gravity of the allegations and the impact of pandemic conditions on trial delays influenced the court's decision to dismiss the bail application.
Bail applications under serious charges involving minors require strong grounds for grant, especially when testimony is ongoing and credibility is in question.
The court considered the statement of the prosecutrix, completion of police investigation, and the young age of the petitioner in granting bail under Section 439 Cr.P.C.
Even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
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