In a bail application under Section 377 IPC and POCSO Act for alleged sexual assault on a six-year-old child, the single judge held the order was not a fit case for bail and rejected the application.
Application for enlargement on bail stands rejected.
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.
BA 310-18.doc
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 310 OF 2018
Mukesh Mangilal Balotiya .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Ashokkumar Dubey, Advocate, for the Applicant Mr. M. G. Patil, APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J. DATE : 04.04.2018
P.C.
. Heard learned counsel for the parties.
bail in connection with C. R. No. 251 of 2016 registered with the Nehru Nagar Police Station, Mumbai, for the alleged offence punishable under Section 377 of the Indian Penal Code and under Sections 4, 8 & 12 of
the Protection of Children from Sexual Offences Act ( for short 'POCSO' Act ).
1 of 2
BA 310-18.doc
six years shows that she had gone out to play and was standing outside a
fire cracker shop when the Applicant called her and told her that he would give her fire crackers. Pursuant thereto, the Applicant took the survivor to a garden and sexually assaulted her. Although, it is contended by the learned counsel for the Applicant that there are some contradictions and inconsistencies in the statement of the Complainant ( father of the survivor ) and the survivor, the same are minor. It is pertinent to note that the statement of the survivor and the history given by her to the Doctor are consistent.
material as against the Applicant, this is not a fit case to enlarge the Applicant on bail. Hence, the Application stands rejected.
(REVATI MOHITE DERE, J.)
2 of 2
2 issues framed by the court
Whether the applicant, accused of sexual assault on a six-year-old child, is entitled to bail.
Whether the minor contradictions in the complaint and survivor's statements preclude bail.
2 provisions across 2 enactments
Mukesh Mangilal Balotiya
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
