The Special Public Prosecutor critically underscored the gravity of the offence. The High Court held that consistency of victim evidence negates delay allegations. Bail was rejected with direction to expedite trial.
Bail rejected; direction to expedite trial.
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. 11364 of 2021 Lekwa Bhogta @ Tekan Ganjhu ... Petitioner Versus The State of Jharkhand … Opposite Party ---
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. P.K. Verma, A.P.P. --- Order No. 02 Dated 22nd November, 2021
Heard the learned counsel appearing for the respective parties. Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with Spl. POCSO Case No. 1683(A)/2014 arising out of Gola P.S. Case No. 63 of 2014 (G.R. No. 1683 of 2014) pending before the Court of learned Additional Sessions Judge-I, Ramgarh.
The informant was subjected to rape by the accused No. 1. She was also raped by the petitioner and others. It has been alleged that she was regularly abused and threatened.
In the 164 Cr.P.C. statement of the victim, she has supported the occurrence and the involvement of the petitioner.
Although it has been stated by the learned counsel for the petitioner that there is a delay of nine months in institution of the First Information Report and the victim is a major, but in view of the consistency of the evidence of the informant, I am not inclined to grant bail to the petitioner and the same is hereby rejected with a direction to the learned trial court to expedite the trial.
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether bail can be granted to the accused in an offences triable under Section 376 read with Section 5 of the POCSO Act.
1 provisions across 1 enactments
Lekwa Bhogta @ Tekan Ganjhu
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
