This appeal challenges a bail rejection order in a case involving offences against a minor under POCSO and IPC. The High Court held that given the victim's age and the gravity of the charges, the appellant could not be released on bail at this stage.
Bail rejected; appeal dismissed; appellant remains in custody.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.741 of 2021
Samanta Ghibila …. Appellant
Mr.T.Nanda, Advocate
-versus-
State of Odisha …. Respondent
Mr.Arupananda Das, Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 01.08.2022
02. This matter is taken up through Hybrid arrangement (video
conferencing/physical mode).
Learned counsel for the State on instruction submitted that
the victim has died in the meantime and her father has received
the notice.
None appears for the informant.
Heard the learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 14-A(2) of the S.C. & S.T. (PoA) Act, 1989 in connection with Binika P.S. Case No. 61 of 2015 corresponding to Spl. G.R. Case No. 227 of 2015 pending in the file of Addl. Sessions Judge -cum-Special Judge, Sonepur in for the commission of offences under sections 376(2)(i), 294 and 506 of the Indian Penal Code, section 4 of the POCSO Act and section 3(1)(xii) of the S.C. & S.T. (PoA) Act.
// 2 //
The application for bail of the appellant has been rejected by the Addl. Sessions Judge -cum-Special Judge, Sonepur as per order dated 06.12.2021.
Learned counsel for the appellant submitted that the appellant is in judicial custody since 06.12.2021 and he has been charge sheeted under sections 376(2)(i), 294 and 506 of the Indian Penal Code, section 4 of the POCSO Act and section 3(1)(xi) of the S.C. & S.T. (PoA) Act and in view of the nature of accusation against the appellant, he may be released on bail.
Learned counsel for the State has placed the 164 Cr.P.C. statement of the victim, who is aged about fourteen years in which she has implicated the petitioner in the commission of rape.
Though learned counsel for the petitioner has submitted that it is a clear case of consent, but in view of the age of the victim, such plea cannot be taken particularly at the stage of bail.
In view of the available materials on record, the age of the victim and the nature and gravity of accusation, I am not inclined to release the appellant on bail. However, the learned trial Court shall do well to expedite the trial. The CRLA stands disposed of. The order be communicated to the learned trial Court forthwith.
( S.K. Sahoo)
Judge
PKSahoo
Page 2 of 3
3 issues framed by the court
Whether an accused charged with rape and severe sexual offences against a child, who is in judicial custody, shall be released on bail.
Whether the plea of consent can be accepted at the bail stage in a case involving a minor victim.
How to balance the gravity of the accusation against the appellant's right to bail.
3 provisions across 3 enactments
Samanta Ghibila
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
