RAVINDRA MAITHANI
Rajo Kaur @ Rajjo – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicant Rajo Kaur @ Rajjo and Babli @ Ranu are in judicial custody in Case Crime No. 48 of 2024, Police Station Bazpur, District Udham Singh Nagar. Applicant Rajo Kaur @ Rajjo is in judicial custody under Sections 363, 370, 34 IPC and Section 16/17 of the Protection of Children from Sexual Offences Act, 2012 (“the Act”) and Applicant Babli @ Ranu is in judicial custody under Sections 370, 34 IPC and Section 16/17 of the Act. They have sought their release on bail.
2. Heard learned counsel for the parties and perused the record.
3. The victim, a child, was found missing from her sister’s house, where she had come to stay. After a long search, she was found in the house of co-accused Mohan. He did not return her and told that he had purchased the victim. With the help of the police, the victim was rescued and taken back in her house by the informant. There, the victim revealed that, in fact, the applicant Rajo Kaur along with co-accused Babbu, visited her once, when she was all alone in the house and under some pretext, took her along with them. The co-accused Babbu took her at a place where the applicant Rajo Kaur left them. There, co-accused Babbu
The seriousness of sexual offence charges and the victim's statement are crucial factors in determining bail applications.
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, especially in cases involving serious charges under the IPC and POCSO Act.
The court established that in cases involving minors, the victim's consent and relationship dynamics can influence bail decisions, provided that safeguards against potential harm are implemented.
The presumption of innocence and the right to bail are fundamental principles in criminal law, particularly at the pre-trial stage, unless there are substantial grounds for denial.
The victim's lack of support for the prosecution case and her statement regarding the medical examination were crucial in the court's decision to grant bail to the applicant.
The main legal point established in the judgment is the consideration of bail in a case involving the alleged enticement of a minor and the petitioner's role in the abduction, along with the impositi....
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