The High Court of Orissa rejected a bail application filed under Section 439 Cr.P.C. by petitioners accused of gang rape and aggravated penetrative sexual assault under Sections 376(D) IPC and Section 6 POCSO Act, considering the gravity of the offence and social stigma.
Prayer for bail rejected; petitioners to move Court after examination of victim.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8940 of 2021
Bhodeba Majhi and another
…. Petitioners Mr. M. Chand , Advocate
-versus-
State of Orissa
…. Opp. Party Mr. P.K. Pattanaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No.
26.10.2022
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detained in jail custody since one and half years seriously affecting their personal liberty. Learned counsel for the petitioners by aforesaid submission prays to enlarge the petitioners on bail.
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Subhasmita
2 issues framed by the court
Whether bail should be granted to petitioners charged with gang rape and aggravated penetrative sexual assault under Section 376(D) IPC and Section 6 POCSO Act.
Whether the social stigma attached to the allegations justifies denial of bail in cases of sexual assault on a child.
3 provisions across 3 enactments
Bhodeba Majhi and another
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
