Single judge dismissed bail petition of stepfather accused of multiple penetrative sexual assaults on 13-year-old stepdaughter, citing victim's vulnerability and accused's dominating position.
Bail application dismissed; petitioner remands to judicial custody.
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.4275 of 2024
C.V.KARTHIKEYAN,J.
The petitioner/A1 in Crime No.16 of 2023, registered by the respondent police for the offences under Sections 5(l), 5(m), 5(n) r/w 6 of POCSO Act and 506 (ii) of IPC, seeks bail. The petitioner had been remanded to judicial custody on 07.10.2023.
2.The petitioner is the stepfather of the victim child, who is aged just about 13 years. It is seen that taking advantage of the situation when the mother of the victim was not in the place, the petitioner had committed penetrative sexual assault on the victim child, not on one occasion, but on several occasions when the mother had gone to work.
3.It is stated that the statement under Section 164(5) of Cr.P.C., had been recorded. It was also forwarded to this Court and also perused. It is seen from the statement that she had reiterated the allegations against the petitioner herein.
4.Taking into consideration the fact that the victim child is an extremely
1/3
vulnerable witness and the accused is her stepfather and therefore in dominating
position, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
07.03.2024
ata
C.V.KARTHIKEYAN,J.
2/3
ata
Crl.O.P.No.4275 of 2024
07.03.2024
3/3
1 issue framed by the court
Whether bail can be granted to an accused who is the stepfather of a 13-year-old victim in a case of penetrative sexual assault involving multiple occurrences.
3 provisions across 3 enactments
C.V.KARTHIKEYAN
State
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
