This is a bail application by Goldi Khan accused of gang rape and other offences under IPC and POCSO. The court rejected the prayer for bail, refusing to reconsider the earlier order dated 22.6.2015 which rejected bail on merits due to DNA confirmation.
Prayer for bail rejected.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 50 of 2016 Goldi Khan ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party --------
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : A.P.P. --------
4/ 05.04.2016 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
The petitioner has been made accused for the offences under Sections 376(2), 376-D and 323 of the Indian Penal Code and Section 6 of the POCSO Act, in connection with Bariyatu P.S. Case No. 443 of 2013 corresponding to G.R. No. 6958 of 2013, S.T. No. 177 of 2014
There being direct allegation against the petitioner to have committed gang rape upon the informant, who is a minor girl, and the semen stains found on the garments of the victim were confirmed to be of the petitioner through D.N.A. Test, the earlier bail application of this petitioner was rejected on merits by order dated 22.6.2015 in B.A. No. 3072 of 2015.
Learned counsel for the petitioner has renewed the prayer for bail.
In the facts of this case, I am not inclined to reconsider the prayer for bail of the petitioner, Goldi Khan. Accordingly, his prayer for bail is rejected.
R.Kr.
1 issue framed by the court
Whether bail should be granted to the petitioner accused of gang rape upon a minor girl where earlier bail was rejected on merits based on DNA evidence.
2 provisions across 2 enactments
Goldi Khan
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
