Bail application rejected for applicant charged with rape against a child under IPC and POCSO. Court held that categorical allegations by a minor in medical and judicial statements preclude bail without expressing merits. Trial expedited.
Bail application rejected at this stage; trial directed to be concluded within six months.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41817 of 2018
Applicant :- Mohit Opposite Party :- State Of U.P. Counsel for Applicant :- Lallan Verma Counsel for Opposite Party :- G.A.,Ram Babu Tiwari
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of applicant Mohit in connection with Case Crime No. 125 of 2018 under Sections 376, 323, 506 IPC and Section 3/4 Protection of Children from Sexual Offences Act P.S. Thana Bhawan, District Shamli.
Heard Sri Lallan Verma, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that he has been falsely implicated in the present crime. He submits that the prosecutrix has alleged molestation in the FIR, not rape as also in her statement under Section 161 Cr.P.C. However, in her statement made to the doctor in confidence during her medico legal examination, a case of rape has been alleged. Likewise, in the statement under Section 164 Cr.P.C., a case of rape has been alleged. The submission of learned counsel for the applicant is that the case which was originally brought as one of molestation has been improved to one of rape.
Learned AGA has vehemently opposed the prayer of bail and submits that the prosecutrix has been found to be a child in the medical determination of age not more than 13 years old. She has come up with a categorical case of rape in her statement made to the doctor in confidence and also graphically described the occurrence in her statement under Section 164 Cr.P.C.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the prosecutrix is a child where the provisions of POCSO Act are attracted, the fact that there is a categorical allegation of rape in the statement of the prosecutrix made to the doctor and before the Magistrate, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the bail application stands rejected at this stage.
The trial court is directed to expedite proceedings and conclude the trial as expeditiously as possible, preferably, within six months next from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate strict coercive measures to ensure their presence. Once, the witnesses appear, they will not be discharged until their evidence is recorded.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 10.1.2019
Deepak
2 issues framed by the court
Whether bail is a fit case for an applicant charged with rape against a child where prosecutrix made categorical allegations in medical and magisterial statements.
How the trial court should expedite proceedings in POCSO cases under Section 309 Cr.P.C.
Colour shows how this judgement treated each authority
Vinod Kumar vs. State of PunjabExplained¶11
2015 (3) SCC 220 · Who else cites this
4 provisions across 3 enactments
Mohit
Munir J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Munir J.
Parties & counsel
