Single Judge rejected bail application under Section 439 CrPC for petitioner accused of rape and POCSO offences against a Class-VIII student. Trial Court directed to conclude trial within six months.
Prayer for bail rejected; BLAPL dismissed; Trial Court directed to expedite trial and conclude within six months.
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2... BLAPL No. 1201 of 2016
8.4.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i
n connection with Krushna Prasad P.S. Case No. 17 of 2015 corresponding to Spl.G.R. Case No. 1
1 of 2015 pending in the court of learned Special-Cum-Sessions Judge, Puri for alleged commiss
ion of offences under sections 376 (2)(i)/506 of Indian Penal Code and under section 4 of POC
SO Act.
Perused the statement of the victim recorded under Section 164 Cr.P.C. The victim is
a student of Class-VIII and is aged about 13 years. She has categorically stated about the
commission of rape by the petitioner.
In view of the available materials on record, the age of the victim as well as taking
into account the nature and gravity of the offence, I am not inclined to grant bail to the pe
titioner.
Accordingly, his prayer for bail stands rejected.
The BLAPL is accordingly dismissed.
Considering the submissions made by the learned counsel for the petitioner and the pe
riod of detention, the learned Trial Court is directed to expedite the trial and if possibl
e, to conclude the trial within a period of six months from the date of receipt of the order
of this Court.
A free copy of this order be sent to the learned Trial Court for compliance.
S.K.Sahoo, J.
2
2
2 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under Section 376(2)(i) IPC and Section 4 POCSO Act against a minor victim.
Whether the impugned order rejecting bail and directing expeditious trial should be allowed.
3 provisions across 3 enactments
Krishna Prasad
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.K.Sahoo
Parties & counsel