Somveer v. State of U.P.
Case brief
What is this about?
This court rejected a bail application filed by Somveer in a child sexual offence case. Despite arguments regarding the intact hymen and lack of injury, the court declined bail due to the serious nature of the offence and the age of the prosecutrix. The trial court was directed to expedite the trial.
What the court decided
A compact analysis
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2068 of 2018
Applicant :- Somveer Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed on behalf of the State today, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Submission of the learned counsel for the applicant is that a delayed FIR was registered by the grand father of the prosecutrix initially under sections 354 IPC and 7/8 of the POCSO Act. Statements under sections 161 and 164 Cr.P.C. of the prosecutrix were recorded on 31.05.2017 and 06.06.2017 respectively but on account of some laxity of the police personnel, the aforesaid statement recorded under section 164 Cr.P.C., could not be jotted down in the case diary, accordingly, the applicant was granted bail by the learned Sessions Judge concerned on 30.06.2017 under sections 354 IPC and 7/8 of the POCSO Act, However, taking into account the statement recorded under section 164 Cr.P.C. recorded on 30.06.2017 the case was amended and sections 376 IPC was added in the array of the aforesaid sections against the applicant. Learned counsel for the applicant emphatically argued that the hymen of the prosecutrix remained intact and no injury was found on her person.
Keeping in view that the prosecutrix was aged only ten years at the time of the incident, the severity of the offence, evidence, complicity of the accused, without expressing any opinion on merits, this Court declines to grant any relief to the accused applicant.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant accused in a child sexual offence case involving a prosecutrix aged ten years, given the intact hymen and absence of injuries.
Whether the trial court is mandated to conclude the trial within a specified timeframe despite the gravity of the offence.
Parties & counsel
- applicant
Somveer
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/2068/2018
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