Hakim v. State of U.P. and 3 Others
Case brief
What is this about?
In an appeal for bail under Section 439 Cr.P.C., the court examined the allegations of rape against a 17-year-old minor. Upholding that consent of a minor is immaterial, the court rejected the application citing the victim's statement and lack of evidence to question its reliability.
What did the court decide?
Bail was refused. The application under Section 439 Cr.P.C. was rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55110 of 2022
Applicant :- Hakim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.,Rajeev Kumar Saxena
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant.
By means of this application under Section 439 of Cr.P.C., applicant Hakim, who is involved in Case Crime No. 158 of 2022, under Section 376 IPC, Section 3, 4 of POCSO Act and Section 3(2)(v) SC/ST Act, police station Dibiyapur, district Auraiya, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant, who is father of the victim, lodged the first information report on 17.04.2022 against present applicant Hakim with the allegation inter alia that on 15.04.2022 at about 12:30 hours, the applicant barged into his house and after stufÏng clothes in his daughter's mouth, committed rape on her. At the same time, when his son reached there and saw the accused with the victim in a compromise situation, the applicant tried to assault him.
Main substratum of argument of learned counsel for the applicant is that no injury has been found on the body of the victim. The victim is major and was consenting party with the applicant, therefore, no offence is made out. The applicant does not have any criminal history to his credit. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.04.2022.
Issues for consideration
3 issues framed by the court
Whether an accused charged with rape of a minor under POCSO Act and IPC is entitled to bail.
Whether the petitioner's assertion of consent by the victim is a valid defence for a minor victim.
Whether there are any good grounds to presume false implication in rape cases against minors.
Parties & counsel
- applicant
Hakim
- respondent
State Of U.P.
- respondent
3 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/55110/2022
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