Shivam Vishwakarma v. State of U.P. and 3 Others
Case brief
What is this about?
Hon'ble Jail Court rejected a bail application filed by an accused charged under Sections 363, 366, 376(3) IPC and POCSO Acts due to the victim being a minor whose consent is legally immaterial.
What did the court decide?
Bail application dismissed; observation confined to bail issue without prejudice to trial merit.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47104 of 2022
Applicant :- Shivam Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.,Vivek Kumar Sharma
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as Mr. Virendra Kumar Maurya, learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 112 of 2022, under Sections 363, 366, 376(3) of I.P.C. and 3/4 POCSO Act, Police Station Kotwali, District Jhansi, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the informant who is maternal grand-mother of the victim lodged F.I.R. on 27.03.2022 for the offence under Sections 363, 366 of I.P.C. against the present applicant with the allegations inter-alia that on 27.03.2022, at 5.00 AM, the applicant has enticed away her minor granddaughter, aged about 15 years.
It is argued by learned counsel for the applicant that victim was major on the day of incident and she was consenting party with the applicant. On 11.04.2022, she solemnized marriage with the applicant in Arya Samaj Temple. During investigation, she refused for her internal and external medical examination. Therefore, applicant who is languishing in jail since 20.06.2022 is entitled to be released on bail.
Issues for consideration
2 issues framed by the court
Whether an applicant accused of raping a 15-year-old minor is entitled to bail under Section 439 Cr.P.C.
Whether the age of the victim as a minor makes the consent immaterial under Section 375 of I.P.C.
Parties & counsel
- applicant
Shivam Vishwakarma
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/47104/2022
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