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RAVINDRA MAITHANI
Padam Thapa – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant-Padam Thapa is in judicial custody in Case Crime No. 0199 of 2019, under Sections 302, 201, 364, 376 (AB), 376 (BD)/34 of IPC & Section 5 (e)/6 of POCSO Act, 2012, Police Station Kotdwar, District Pauri Garhwal. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. Deceased a young girl of 10 years, left her house on 05.08.2019. Thereafter, she was not traceable. Therefore, a report was lodged by her father. During investigation, the applicant was spotted with the victim. CCTV footages upto late evening at 8:40 p.m. were taken into possession by the police. When interrogated, it is the case of the police that applicant admitted that he along with co-accused raped the victim and killed her. It is further case of the prosecution that the dead body of the victim was recovered at the instance of the applicant.
4. Learned counsel for the applicant would submit that there is no eye witness; there is no direct evidence and based on the circumstantial evidence, applicant has been arrested.
5. Learned State Counsel would submit that the applicant has been spotted with the victim till late in the evening o
The court's decision was influenced by the consideration of circumstantial evidence and the seriousness of the charges, leading to the rejection of the bail application.
A minor's consent is immaterial in sexual offences; the victim's credible testimony establishes guilt beyond reasonable doubt.
In bail proceedings, the presence of multiple eyewitnesses and corroborative video evidence outweighed concerns regarding delay in lodging the FIR, justifying the court's decision to reject bail.
Mere recovery of minor rape-murder victim's body from accused's locked room, without proof of last seen together, accused's presence or forensic link, fails to form complete circumstantial chain for ....
Point of law: The provision of Section 29 provides for a presumption as to certain offences. It provides that where a person is prosecuted for violating any of the provisions under Section 3, 5, 7 an....
The seriousness of sexual offence charges and the victim's statement are crucial factors in determining bail applications.
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