Gangaram Kondiba Zore v. the State of Maharashtra
Case brief
What is this about?
The applicant sought bail in a POCSO case alleging forceful sexual intercourse with a minor. The High Court rejected bail, holding it could not determine consensual nature given the age disparity and victim's statement. The trial was set to conclude within nine months.
What did the court decide?
Bail application rejected with an order to conclude the trial within nine months.
What the court decided
1 of 2
Sajakali Jamadar
4-BA-1460-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1460 OF 2019
Shri Gangaram Kondiba Zore...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Rajesh A. More, Advocate for the Applicant.
Smt. A.A. Takalkar, APP for the State-Respondent.
Mr. Bhaurao L. Bachakar, (Police Naik) Khandeshwar Police Station,
Navi Mumbai, Present.
CORAM :PRAKASH D. NAIK, J.
DATE : 6th December, 2019
PC :
1.This is an application for Bail. The applicant is arrested in
connection with C. R. No. 182 of 2018 registered with Khandeshwar
Police Station, Panvel, Dist. Navi Mumbai for offences punishable
under Sections 376(1) 450, 323, 506 of Indian Penal Code and
Sections 3 (1) & 4 of Protection of Children from Sexual Offences
Act, (“POCSO” for short).
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a POCSO case involving a minor victim where the alleged offence is forceful sexual intercourse.
Whether a delay in the victim reporting the incident to doctors negates the forceful nature of the alleged act at this stage.
Parties & counsel
- applicant
Sajakali Jamadar
- respondent
The State of Maharashtra
Coram
Prakash D. Naik
Case details
As recorded by the court registry
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