Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Vijay Kumar @ Krishna – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. bail application and procedural background. (Para 1 , 2 , 3 , 4) |
| 2. victim's account of the incident. (Para 5) |
| 3. arguments supporting the applicant's innocence and questioning evidence. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. counterarguments from the state and informant. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. concerns regarding the evidentiary value of the dna report. (Para 38) |
| 6. court's reasoning for granting bail. (Para 39) |
| 7. conditions for bail and court's independence. (Para 40 , 41 , 42) |
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Counter affidavits filed by learned A.G.A. as well as learned counsel for the informant respectively are taken on record.
3. Heard Sri Atul Kumar Shahi, learned counsel for the applicant and Sri Sanjay Mishra, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No.69 of 2021, under Sections 376, 323 I.P.C. and Section 3/4 POCSO Act, Police Station Kurra, District Mainpuri, during the pendency of trial.
PROSECUTION STORY:
5. The FIR was i
The court granted bail due to significant doubts regarding the reliability of forensic evidence and procedural delays, emphasizing the presumption of innocence and integrity in evidence handling.
The court ruled that a DNA report, while significant, must be proved in court before it can be relied upon in a bail application, emphasizing the presumption of innocence.
The conviction for rape was overturned due to insufficient evidence regarding the victim's disability and reliance on uncorroborated testimonies, highlighting the importance of forensic evidence.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The court emphasized that the heinous nature of the crime and the evidence against the petitioner justified the denial of bail, despite claims of trial delays.
Bail should not be granted in serious offences like rape, especially after trial commencement, despite discrepancies in the victim's statements.
The court emphasized that serious allegations, especially involving children, require careful consideration of evidence and potential risks before granting bail.
The failure to examine scientific experts regarding DNA evidence violated the right to a fair trial, necessitating a remand for a fresh trial.
The court emphasized that substantial delays in reporting allegations, lack of corroborative evidence, and the principle against pre-conviction punishment collectively justify the granting of bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
