In a bail matter under a POCSO case involving rape resulting in pregnancy and child death, the Gauhati High Court rejected the application based on the victim's evidence and refusal to grant bail.
Application for bail rejected and disposed of accordingly.
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.
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GAHC010128932021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2109/2021
RAJAT RABHA S/O LT. UZANA RABHA @ HILE RABHA R/O VILL- KALJAR P.S. BARAMA, DIST. BAKSA, (BTAD), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR K K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
15-11-2021
This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Sri Rajat Rabha , in connection with Special POCSO Case No.7/2021 (arising out of Barama Police Station Case No.39/2021) , registered under Sections 376 of the Indian Penal Code, read with Section 4 of POCSO Act.
Heard Mr. K.K. Bhattacharyya, learned counsel for the petitioner. Also
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heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.
Perused the scanned copy of the case diary as well as the status report.
Learned counsel for the petitioner has produced the certified copies of the depositions of PWs-1 and 2, who are respectively, the informant and the victim, in the instant case. The victim, in her evidence before the Court, has categorically implicated the accused petitioner with the commission of rape on her person, following which she became pregnant and delivered a baby in the seventh month. The baby died in the hospital after treatment for some days. It has also come out from the deposition of the victim that the petitioner is a married person.
Considering the entire evidence available before this Court, particularly the evidence of the victim, this Court is not inclined to grant bail to the petitioner and the same is rejected.
The bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused in a POCSO case where the victim was impregnated and child died.
3 provisions across 3 enactments
Rajat Rabha
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
