High Court rejected bail application in POCSO case involving a minor victim. Denied release due to heinous nature and victim statement but directed trial court to expedite proceedings and examine victim immediately.
Petitioner released from bail; trial court directed to expedite trial and examine victim at first instance.
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BLAPL No.212 of 2021
Arjun Majhi … Petitioner
-VersusState of Odisha ...
... Opp. party
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.84 of 2020 (POCSO) arising out of Thuamul-Rampur P.S. Case No.140 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna for offences punishable under sections 341/294/354-A/354B/506/376/511 of the Indian Penal Code read with sections 8/12/18 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cumSpecial Court under POCSO Act, Bhawanipatna which was rejected on 23.12.2020.
In view of the 164 Cr.P.C. statement of the victim, who was aged about eleven years and four months at the time of occurrence and the manner in which the crime has been committed, at this stage, I am not inclined to release the petitioner on bail. The prayer for bail stands rejected.
However, taking into account the period of detention of the petitioner in judicial custody, I direct the
learned trial Court to expedite the trial and steps shall be taken for examination of the victim at the first instance and for ensuring the attendance of the victim, the learned trial Court shall take the assistance of the Inspector in-charge of Thuamul-Rampur police station.
The petitioner is at liberty to renew his prayer for bail after examination of the victim in the learned trial Court.
The BLAPL is accordingly disposed of.
A copy of the order be communicated to the learned trial Court for compliance.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
RKM
3 issues framed by the court
Whether bail should be granted to the accused under Section 376 of IPC and Sections 8/12/18 of POCSO Act.
Whether the trial court is directed to expedite the trial due to prolonged detention.
Whether the victim should be examined at the first instance with police assistance.
3 provisions across 3 enactments
Arjun Majhi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
