M. V. MURALIDARAN
Abujam Tombisana Singh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This petition has been filed by the petitioner under Section 439 Cr.P.C to enlarge him on bail in connection with the Special Trial (POCSO) Case No. 68 of 2020 pending on the file of the Fast Track Special Court No 1, Manipur.
2. The case of the prosecution is that on 29.8.2018, the complainant, father of the victim, lodged a complaint with the Officer-in-Charge of Wangoi Police Station stating that his daughter, aged 15 years, was staying at the Boarding and Coaching Centre at Samurou Awang Leikai for her preparation of HSLC Examination, 2018. The said Boarding and Coaching Centre was run by the petitioner/accused, who is also the uncle of the complainant. While the victim was staying at the said Boarding and Coaching Centre, on 13.3.2018 at about 3.30 a.m., the accused raped the victim many times by threatening her that he will make her fail the HSLC Examination. The accused also threatened the victim not to disclose the act committed by him. Based on the said complaint, the respondent police registered an FIR bearing No.43(8)2018 under Section 506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), up
Dataram Singh vs. State of Uttar Pradesh and another
The main legal point established in the judgment is the discretion of the court in granting bail, considering the severity of the offence, medical grounds, and delay in trial, while emphasizing the p....
The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
The main legal point established in the judgment is the presumption of innocence, the importance of a speedy trial, and the humane treatment of the accused. The court emphasized the principles of bai....
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
The main legal point established in the judgment is the presumption of innocence, the importance of considering delay in trial when granting bail, and the need for a humane attitude in dealing with b....
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The main legal point established in the judgment is that the court must carefully consider relevant aspects and not pass orders for bail and suspension of sentence as a matter of routine, especially ....
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
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