In a bail application regarding POCSO and IPC offences, the Delhi High Court dismissed the plea. The court noted the child witness's consistent testimony and refusal to admit regular bail, stating the application had no grounds for success.
Bail application dismissed; applicant remanded to police custody as per law.
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BRIJESH @RAJ .....Petitioner Through: Mr. Yogesh Kumar Rana, Advocate.
versus
THE STATE OF DELHI AND ANR. .....Respondents Through: Ms. Manjeet Arya, APP for State with SI Sanjay Bansal, P.S. Bhajanpura. Ms. Shivangi Sharma and Ms. Shivanjali Bhale Rao, Advocates for respondent No.2.
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R % 02.12.2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 12:53:17
that there is a dispute as to the place where she had identified the applicant. It is further submitted that though in her initial statement, the child victim has stated that she met an auto driver who then took her to the house of coaccused Sonia , however, this was not stated in her statement recorded under Section 164 Cr.P.C. Furthermore, there is also variance as to how she got married to Mukesh as in her cross-examination, she stated that it was a court marriage. Learned counsel has also pointed out to the crossexamination carried out by the other accused, wherein she was confronted with the photographs where she was seen happily enjoying festivals in the company of others. Though it is the case of the prosecution that applicant was identified in Bharatpur, however, he was arrested from Bhopra, U.P. Ld. counsel has also doubted the description of the prosecutrix as a child victim by contending that there is no concrete proof of age on record.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 12:53:17
MANOJ KUMAR OHRI, J
DECEMBER 2, 2024 ga
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 12:53:17
1 issue framed by the court
Whether the applicant is entitled to regular bail given contradictions in the child victim's testimony?
3 provisions across 2 enactments
Brijesh @Raj
The State of Delhi
ManoJ kumar ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
