The court denied the petitioner's bail application in a rape and IT Act case involving a minor. Findings of paternity and statutory requirements for early trial necessitated rejecting bail pending victim examination.
petitioner's prayer for bail was rejected and he was directed to apply again after the victim's examination.
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.
BLAPL No.129 of 2020
Bikash Samanta … Petitioner
-VersusState of Odisha ... Opp. party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Erasama P.S. Case No.81 of 2019 corresponding to Special G.R. Case No. 26 of 2019 pending in the Court of learned Additional Sessions Judge -cumSpecial Judge, Jagatsinghpur for alleged commission of offences under sections 376(2)(n)/506/34 of the Indian Penal Code read with section 6 of the POCSO Act and sections 67/67(A)/67(B)(a) of the Information Technology Act, 2008.
The prayer for bail of the petitioner has been rejected by the learned Special Judge, Jagatsinghpur by order dated 13.12.2019.
Learned counsel for the State on instruction submitted that the victim has delivered a premature baby, who expired on the next day of birth and the D.N.A. test report indicates that the petitioner is the father of that child and the victim was aged about sixteen years at the time of occurrence.
In view of the 164 Cr.P.C. statement of the victim
in which she has implicated the petitioner in the commission of rape and taking into account the nature and gravity of accusation, at this stage, I am not inclined to release the petitioner on bail.
Accordingly, prayer for bail stands rejected.
Since charge sheet has already been submitted under various offences including the offence under POCSO Act and in view of section 35 of the POCSO Act, an early trial of the case is necessary, the learned trial Court shall make every endeavour to expedite the trial and at the first instance take step for examining the victim.
The petitioner is at liberty to renew the prayer for bail after examination of the victim in the trial Court. Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner should be released on bail in connection with offences under IPC and IT Act.
Whether an early trial is necessary following the submission of the charge sheet under the POCSO Act.
7 provisions across 4 enactments
Bikash Samanta
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
