Bail application by the accused, the victim's uncle, in a POCSO rape case where the 15-year-old victim became pregnant. The court declined to grant bail at this stage and permitted renewal of the plea after examination of the victim and informant.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1538 of 2024
Shankar Rout
…. Petitioner Mr. Umakanta Barik, Advocate
-versus-
State of Odisha & another
…. Opp. Parties Mr. S.K.Mishra, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER
23.08.2024
1 . The petitioner is an accused in connection with Jaipatna P.S. Case No.242 of 2023 corresponding to C.T. Case No.90 of 2023 for the offences punishable under Sections 376(3)/376(2)(n)/506 of the IPC read with Section 6 of the POCSO Act pending in the Court of the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna.
2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the
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petitioner is pending in any other Court relating to the aforesaid F.I.R.
3. The allegation against the petitioner is that, on 16.10.2023 at about 6 P.M., the complainant, Gajindra Rout of village Jaipatna, presented a written report at the P.S. alleging that the present petitioner was staying in the complainant’s house. When the complainant along with his family members went out for their work, at that time, the daughter of the complainant was present alone at home. Taking advantage of this, the present petitioner enticed her and kept physical relationship with her for 2 to 3 years. He also threatened to kill her as well as her family members if she disclosed this fact to anyone. However, when the victim stopped menstruating, her family members inquired her about the same, and she disclosed the matter to them. Hence, the F.I.R.
4. The notice was served on the informant on 05.04.2024, but no one has appeared on his behalf.
5. The petitioner is the uncle of the victim girl, who was 15 years old at the time of alleged incidents. Due to the alleged sexual assault by the petitioner, the minor victim girl became pregnant.
6. Regard being had to the aforementioned facts, I am not inclined to grant bail to the petitioner at this stage. However, liberty is granted to the petitioner to renew his bail plea after examination of the victim and the informant.
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7. With the aforementioned observation, the BLAPL
(S.S. Mishra)
Judge
Subhasis
Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 26-Aug-2024 17:58:14
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1 issue framed by the court
Whether anticipatory/bail should be granted to the accused in a POCSO case involving rape of a 15-year-old victim who became pregnant.
2 provisions across 2 enactments
Shankar Rout
State of Odisha
another
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
