The High Court rejected the bail application of an accused charged with penetrative sexual assault under the PCOSO Act. The court held that granting bail at the stage where the victim and informant have not been examined would be detrimental.
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GAHC010018042020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 287/2020
1:DIPEN KAKATI
S/O LATE GOPI KAKATI, VILL- NO. 3 JALTHENGPUR, P.S.-GORESWAR, DIST-BAKSA, BTAD, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS D KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
10-02-2020.
By this application under Section 439 CrPC, petitioner, namely, Dipen Kakati, who is in custody since 24.09.2019, has prayed for releasing him on regular bail in connection with Goreswar P.S. Case No.114/2019, under Section 376, read with Section 4 of the POCSO Act.
Heard the learned counsel for both the sides and perused the record.
The accused is facing trial in the Court of Special Judge, Baksa at Mushalpur, in connection with the aforesaid case and it is submitted that the charge has already been framed u/s.4 of the POCSO Act
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JUDGE
and the evidence of the case is not yet started. On due consideration of the matter, it appears that the victim in the instant case as a minor of 12 years and the allegation is commission of penetrative sexual assault upon her.
As the victim and the informant are not yet examined, so it will be detrimental to grant the bail at this stage. Accordingly the bail petition stands rejected with a direction to the petitioner to renew his bail prayer before the trial Court, after examination of the victim as well as the informant.
The bail petition stands disposed of.
Comparing Assistant
1 issue framed by the court
Whether regular bail should be granted to an accused facing charges of penetrative sexual assault where examination of the minor victim has not yet taken place.
1 provisions across 1 enactments
DIPEN KAKATI
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
