Ravindra v. State of U.P. and 3 Others
Case brief
What is this about?
Single bench rejected bail application under POCSO Act. Court noted prosecutrix was a minor (8-10 years) and accepted her statement as impeccable evidence of aggravated sexual assault, emphasizing strict laws regarding minors under 16 despite lack of medical proof of penetrative assault.
What did the court decide?
Bail application rejected; applicant remains in detention pending trial.
What the court decided
Neutral Citation No. - 2023:AHC:185035
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24666 of 2023
Applicant :- Ravindra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Gautam
Hon'ble Rajeev Misra,J.
Heard Mr. Satyendra Narayan Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rajesh Kumar Gautam, the learned counsel for first informant.
Perused the record.
This application for bail has been filed by applicant Ravindra seeking his enlargement on bail in Case Crime No. 182 of 2022, under Section 376 AB IPC and 5/6 POCSO Act, Police StaitonRani Ki Sarai, District Azamgarh during the pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 11.6.2022 a prompt F.I.R dated 11.6.2022 was lodged by first informant Ramjeet (father of the prosecutrix) and was registered as Case Crime No.182 of 2022, under Section 376 AB IPC and 5/6 POCSO Act, Police Staiton- Rani Ki Sarai, District Azamgarh. In the aforesaid F.I.R., applicant Ravindra has been nominated as solitary named accused.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a POCSO case involving a minor prosecutrix despite absence of penetrative assault findings in medical exam but presence of aggravated assault allegations.
Whether the prosecutrix's statement constitutes impeccable evidence given her age and the nature of allegations.
Whether the gravity of the offence and age of the victim preclude relief in bail applications.
Parties & counsel
- applicant
Ravindra
Coram
Rajeev Misra
Arshad Mahmood
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/24666/2023
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