Allowed

Silash Malto Alias Silas Malto v. the State of Jharkhand

Jharkhand HC18 Jan 2022B.A./11290/2021

Case brief

AI extract

What is this about?

This bail application in a POCSO case involving allegations of enticement and rape of a 12-year-old girl was allowed. The High Court held that the victim's refusal to undergo medical examination casts doubt on her allegations, leading to the grant of bail.

What did the court decide?

Applicant allowed to be released on bail by furnishing a bond of Rs. 25,000/- with two sureties of like amount.

Silash Malto Alias Silas Malto Vs the State… — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.11290 of 2021

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Silash Malto @ Silas Malto ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Aashish Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. --------

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05/18.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the

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State.

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At the request of learned counsel for the applicant, the remaining defect, as pointed out by the office is ignored.

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This bail application has been filed on behalf of the applicant– Silash Malto @ Silas Malto with prayer to release on bail in connection with Special (POCSO) Case No.04 of 2021 under Sections 366(A)/376(3)/417 of the Indian Penal Code and Section 6 of the POCSO Act pending in the court of learned Additional Sessions Judge-III-cum-Special Judge (POCSO), Godda.

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Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the father of victim with the allegations that his 12 years old daughter was enticed away by the applicant Silash Malto with intent to have illicit relations with her. Learned counsel for the applicant has further submitted that the victim was recovered and her statement under Section 164 Cr.P.C. was also recorded in which she has supported the F.I.R. version and stated that she was taken away by the applicant and he had committed rape upon her. The victim has refused to go through the medical examination in order to ascertain the commission of rape, as such, the statement of prosecutrix is not corroborated with any medical evidence. The refusal on the part of the victim to get medically examined belies her statement that she was raped by the applicant.

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Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she was raped by the applicant.

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In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court of learned Additional Sessions Judge-III-cum-Special Judge (POCSO), Godda in aforesaid case.

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(Subhash Chand, J.)

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Rohit

Silash Malto Alias Silas Malto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Silash Malto Alias Silas Malto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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