The petitioner, a three-years accused in a gang rape case under POCSO and IPC, filed an original petition seeking bail. The court, considering the grave nature of the offense and pending trial, refused bail and dismissed the petition.
Bail to the petitioner was denied and the Criminal Original Petition was dismissed.
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.
Crl.O.P.No.5823 of 2023
Crl.O.P.No.5823 of 2023
A.D.JAGADISH CHANDIRA , J.
The petitioner, who was arrested and remanded to judicial custody on 13.01.2022, for the offence punishable under Sections 323, 342, 376(2)(i), 376(D), 506(i) IPC and Sections 5(g), 6 of Protection of Children from Sexual Offences Act, 2012 and altered to one under Sections 323, 342, 376(2)(i), 376(D), 506(ii) IPC and Sections 5(g), 6, 17 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(r), 3(1)(s), 3(1)(w)(I), 3(2)(v) of SC/ST (POA) Amendment Act, in Crime No.20 of 2021 on the file of the respondent police, seeks bail.
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Crl.O.P.No.5823 of 2023
in the hospital. Hence, the case.
the petitioner, who is arrayed as A2, is an innocent person, aged about 22 years and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as stated by the de-facto complainant. He also submitted that the petitioner was arrested on 13.01.2022 and he is in custody for more than a year. He further submitted that co-accused one Boopathy in this case has been granted bail by this Court in Crl.O.P.No.733 of 2023 vide order dated 30.01.2023. He also submitted that the investigation has been completed
and the case has been taken up on file Spl.S.C.No.102 of 2022 and pending trial on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in which, the victim, main accused and the crucial witnesses have been examined. Therefore, he prayed for grant of bail to the petitioner and if only the petitioner comes out on bail, he will be able to defend his case properly.
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Crl.O.P.No.5823 of 2023
respondent police submitted that the petitioner, who is the main accused in this case, along with A1 & A3 had committed gang rape on the minor victim girl, when she had gone out to attend nature call. He also submitted that this Court, taking into consideration the facts that there was no specific overt-act as against A4 and that the relationship between the victim and A4 was consensual in nature, had granted bail to A4 and as far as this petitioner is concerned, there is a specific allegation of gang rape against him. He further submitted that the investigation has been completed and the final report has also been filed in Spl.S.C.No.102 of 2022, pending trial on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, and in which, PW1 to PW3 has already been examined and the statement has also been recorded from the minor victim girl under Section 164 Cr.P.C., in which, she had specifically stated about the manner in which, the petitioner had committed the offence. He also submitted that at this stage, if bail is granted to the petitioner, there is every possibility of absconding of the petitioner and he will not be available for trial. Hence, he vehemently opposed grant of bail to the petitioner.
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Crl.O.P.No.5823 of 2023
Government Advocate (Crl.Side) for the respondent and perused the materials available on record including the First Information Report and the statement recorded from the victim girl under 164 Cr.P.C.
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Crl.O.P.No.5823 of 2023
of the case and taking note the statement recorded from the victim girl under 164 Cr.P.C. and also considering the gravity of the offence and nature of the heinous manner in which the offence had been committed and this Court finding that the allegations are very serious in nature is not inclined to grant bail to the petitioner.
dismissed.
29.03.2023
ham
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Crl.O.P.No.5823 of 2023
A.D.JAGADISH CHANDIRA, J.
ham
Crl.O.P.No.5823 of 2023
29.03.2023
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1 issue framed by the court
Whether the learned Special Court for Exclusive Trial of Cases under POCSO Act, Vellore has jurisdiction to try the case involving offenses under IPC and POCSO.
3 provisions across 3 enactments
A.D. Jagadish Chandira
K.
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
