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AJAY BHANOT
Dharmendra – Appellant
Versus
State Of U. p. – Respondent
JUDGMENT :
(Ajay Bhanot, J.)
1. Matter is taken up in the revised call.
2. Shri Paritosh Kumar Malviya, learned AGA-I for the State contends that the police authorities in compliance of the directions issued by this Court in Junaid Vs State of Uttar Pradesh and another, 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the victim/legal guardian as well as upon the CWC.
3. By means of this bail application, the applicant has prayed to be enlarged on bail in Session Trial No.103 of 2024 arising out of Case Crime No.492 of 2023 at Police Station-Kotwali Dehat, District-Etah under Sections 376, 506, 120B I.P.C. and Section 3/4 of the POCSO Act, 2012. The applicant is in jail since 17.12.2023.
4. The bail application of the applicant was rejected by the learned trial court on 23.08.2024.
5. The following arguments made by Shri Shashi Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
The court emphasized the necessity of accurate age determination in POCSO cases, requiring reasoned medical reports and adherence to statutory provisions for bail applications.
Accurate medical age determination is essential in POCSO cases to prevent misuse and ensure justice, impacting bail decisions significantly.
The Supreme Court clarified that age determination in POCSO cases must follow statutory provisions strictly, and bail courts cannot exceed their jurisdiction to conduct mini-trials on age credibility....
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
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