Bail application dismissed in a POCSO case. The High Court found the child victim is a minor and has clearly identified the applicant in the incident. With the trial nearing its end, no grounds were found to admit bail.
Bail application dismissed.
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SHANAWAJ@ SOBI .....Petitioner Through: Mr. Gaurav Dalal, Advocate.
versus
STATE G.N.C.T OF DELHI .....Respondent Through: Mr. Nawal Kishore Jha, APP for State with W/SI Manisha and SI Pankaj, P.S. Jyoti Nagar.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 20.08.2024
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 23/08/2024 at 11:10:48
rape upon her. On the same day, the prosecutrix was taken up to the second spot where six persons committed rape upon her. He submits that the incident was reported on the next date. Though samples pertaining to all accused were sent to FSL for DNA analysis, except the present applicant all others samples matched. Insofar as the present applicant is concerned, the testimony of prosecutrix is vivid enough to doubt the allegation of false implication.
MANOJ KUMAR OHRI, J
AUGUST 20, 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 23/08/2024 at 11:10:48
2 issues framed by the court
Whether bail should be granted in an offence under Section 6 of the POCSO Act when the trial is at an advanced stage and the prosecutrix has clearly identified the applicant.
Whether the alleged false implication due to a grudge justifies bail at this stage of the trial.
Shanawaj Sobie
State G.N.C.T of Delhi
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
