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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sanjay Kumar Singh,J.
Suraj Kumar Alias Vishwapratap Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjay Kumar Singh, J.
1. By means of this bail application, applicant-Suraj Kumar alias Vishwapratap Singh, who is involved in Case Crime No. 188 of 2024, under Sections 65(2), 351(2), 332(c) of B.N.S. and Sections 3/4 POCSO Act, Police Station Cantt, District Prayagraj seeks enlargement on bail during the pendency of trial.
2. Heard Mr. Akhilesh Kumar Dwivedi, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of the informant/complainant and perused the record.
3. The facts that formed the bedrock of the instant bail application are that the informant, who is father of the victim, got a first information report lodged on 05.09.2024 at about 23:20 hours with regard to an incident which took place on the same day at about 05:30 hours for the alleged offence under Sections 65(2), 351(2) B.N.S. and Sections 9/10 POCSO Act against the applicant making allegations inter-alia that in the morning, when he woke up, he did not find his daughter on the bed. However, he noticed that another room was locked from inside and when he peeped through the window, he saw that the applicant w
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....
Even slightest penetration of penis into vagina without rupturing the hymen would constitute rape.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
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.
Point of law: Rape case - Conviction - Sentence of life imprisonment set aside - No justification for the trial court while convicting accused-appellant for offence under Section 376 IPC to sentence ....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
The conviction for rape and trespass was upheld based on credible witness testimony, and the sentence was reduced considering the time elapsed since the crime.
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