Dismissed

Vinod Kumar at Viond Jain v. the State of Andhra Pradesh

Andhra Pradesh HC10 Nov 2022CRLP/8298/2022

Case brief

AI extract

What is this about?

The High Court dismissed a criminal petition for regular bail filed by an accused in a POCSO trial involving sexual harassment causing the victim's suicide. The Court held that since the trial was complete and the case was at the 313 Cr.P.C. stage, bail could not be granted.

What did the court decide?

Criminal Petition No.8298 of 2022 for regular bail dismissed.

Vinod Kumar at Viond Jain Vs the State… — Child Sexual Offences (POCSO) | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.8298 of 2022

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Order:

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This Criminal Petition, under Sections 437 and 439 Cr.P.C., has been filed by the petitioner/accused, seeking regular bail, in SC No.48 of 2022 on the file of the learned Special Judge for Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, Vijayawada, registered for the offences punishable under Sections 306, 354, 354A, 354D, 509, 506 IPC and Sections 8 and 10 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’).

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Case of the prosecution, in brief, is that the petitioner/accused and the family of the deceased minor girl, aged about 13 years, used to reside in the Lotus Legend Apartment, Kummaripalem centre, Vidyadharapuram, Vijayawada in different flats and the petitioner/accused used to sexually harass the victim girl repeatedly by touching her, talking vulgar words and used to touch her back and pressed it many times and also touched her breast and told her to grow them nicely and also told her that she looks good in jeans and her legs are tall and good and also used to follow her to the lift and stair case, when she used to go down, to drop her brother in school auto and also while she was walking and while going to store. Unable

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to bear his harassment, she committed suicide and ended her life by

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jumping from the terrace of the apartment, by leaving suicide note.

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Heard. Perused the record.

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Learned counsel for the petitioner submits that the petitioner is languishing in jail since 01.02.2022. The entire trial is completed and the case is at the stage of hearing arguments.

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On the contrary, learned Assistant Public Prosecutor strongly opposed the bail application contending that the petitioner committed heinous offence and since the case is posted for 313 Cr.P.C., examination, the petitioner cannot be released on bail.

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The accusation against the petitioner/accused is that he harassed the victim girl, aged about 13 years, with sexual intent and unable to bear his harassment she committed suicide by jumping from the terrace of the apartment. The entire trial is completed and the case is at the stage of 313 Cr.P.C., examination. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner/accused.

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The Criminal Petition is, accordingly, dismissed.

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As a sequel thereto, the miscellaneous applications, if any,

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pending in this Criminal Petition shall stand closed.

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_____________________ K. SREENIVASA REDDY, J

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Date:10.11.2022 Nsr

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Crl.Petition No.8298 of 2022

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Date:10.11.2022

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Nsr

Vinod Kumar at Viond Jain v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Vinod Kumar at Viond Jain v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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