Dismissed

Hemanta Banchhor @ Rinku v. State of Orissa

Orissa HC9 Dec 2021CRLA/18/2021

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed an appeal against the rejection of bail in a POCSO/IPC case involving sexual assault on a five-year-old child. The court refused bail citing the victim's young age and available medical statement, but directed the trial court to expedite proceedings under POCSO Act Section 35(2).

What did the court decide?

<b>Appeal dismissed.</b><br>Prayer for bail rejected. Trial court directed to expedite hearing under Section 35(2) POCSO Act.

Hemanta Banchhor @ Rinku Vs State of Orissa — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No. 18 of 2021

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Hemanta Banchhor @ Rinku

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…. Appellant

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Mr. Devashis Panda, Advocate on behalf of Mr. D.K. Mohapatra, Advocate .

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-Versus-

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1. State of Orissa

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2. Sibani Pradhan

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…. Respondents

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Mr. Sibani Shankar Pradhan, A.G.A. None (for Respondent No.2)

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

Order No.

09.12.2021

This matter is taken up through hybrid mode.

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Heard Mr. Devashis Panda, learned counsel appearing on behalf of D.K. Mohapatra learned counsel for the CCL and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

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This is an appeal under Section-374(2) of the Cr.P.C read with Section-101 of the Juvenile Justice Act challenging the order dtd. 21.08.2020 passed by the learned Additional District Judgecum-Presiding Officer, Children’s Court, Sundargarh in connection with Sundargarh Sadar P.S. Case No.20 of 2020, corresponding to Spl. G.R. Case No. 11 of 2020 rejecting the prayer for bail .

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After preliminary assessment by the Board on 17.03.2020 , it was felt that the CCL needs to be tried by the Children’s Court and has been transferred to it . Charge-sheet dated under Sections-

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Page 1 of 2

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// 2 //

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376-AB/506 of IPC read with Section-6 of the POCSO Act has been filed against the appellant .

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The allegation against the appellant is that, he called the victim girl aged about 5 years to his house, removing her clothes and his and committed sexual assault on her . When he experienced pain and protested , he allowed her to go home , threatening her not to disclose the incident to her parents.

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Mr. Panda learned counsel submits that the appellant is in custody since 28.01.2020 and the FIR has been registered after delay of one month giving scope to the parents tutor the victim and the statement of the victim girl does not inspire confidence. He further submits that even assuming for a moment that the allegations to be true , an offence under Section-376 AB of IPC and 3 POCSO Act is not made out against the appellant.H e further submits that in view of the mandate of Section12 of the JJ Act , the appellant deserves to be released on bail .

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Mr. Pradhan, Learned Additional Government Advocate has produced the statement of the victim recorded under Section164 Cr.P.C. After going through this statement and the rejection order and considering the age of the victim girl , I am not inclined to accept the submission of the learned counsel for the appellant and accordingly dismiss the appeal and reject the prayer for bail. 8. Considering the facts that the appellant is in custody since long and the mandate of Section 35 ( 2 ) of the POCSO Act 2012 , the learned trial court is directed to expedite the hearing of the case . 9. Urgent certified copy of this order be granted on proper application .

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.........................

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(Savitri Ratho) Judge

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Balaram

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Hemanta Banchhor @ Rinku v. State of Orissa

Case brief

What is this about?

What did the court decide?

Hemanta Banchhor @ Rinku v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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