Allowed

Bhanwar Singh Kushwah v. State of Rajasthan through P P

Rajasthan HC24 Jan 2018CRLAS/59/2018

Case brief

AI extract

What is this about?

The High Court allowed criminal appeals against an impugned order under the POCSO Act. The court found that the prosecutrix failed to level rape allegations against the appellant in her cognizant statement, constituting a ground for bail. Consequently, the appeal was allowed, setting aside the order of conviction/committal.

What did the court decide?

Impugned order dated 4.1.2018 set aside; appellants released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Bhanwar Singh Kushwah Vs State of Rajasthan… — Child Sexual Offences (POCSO) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 59 / 2018

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Bhanwar Singh Kushwah S/o Shri Suresh Chand Kushwah B/c Kanchhi Kushwah, R/o Mahaveer Bhawan Noori Chauk Kotadi Rooppura Kota. (at Present Confined At Central Jail Kota)

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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Connected With

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S.B. Criminal Appeal (Sb) No. 134 / 2018 Smt. Rekha Devi W/o Shri Anil Kumar B/c Jatav, R/o Near Sobhagya Furniture, Nayapura Khai Road, Kota At Present R/o House of Late Mahesh Sharma @ Pappu Pehlwan, Mukti Marg, Nayapura, Kota (raj.) (at Present Confined in Central Jail, Kota)

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----Petitioner Versus

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State of Rajasthan Through P.P.

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----Respondent _____________________________________________________

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For Petitioner(s) : Mr. Abdul Kalam Khan and Mr. Timan Singh for Mr. Sanjay Mehrishi

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For Respondent(s) : Mr. R.R.S.Rathore PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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24/01/2018

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The appellants have prefered these appeals aggrieved by order dated 4.1.2018 passed by Special Judge, POCSO Act cases Kota (Raj.).

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F.I.R. No.688/2017 was registered at Police Station Kunhari Kota for offence under Sections 363, 366, 376 I.P.C. and Sections

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(2 of 2)

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[CRLAS-59/2018]

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5/6, 16/17, POCSO Act 2012 and Sections 3(2)(5), SC/ST Act in bail application No.9/18.

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It is contended by the counsel for the appellants that prosecutrix in her statement under Section 164 Cr.P.C. has not levelled allegations with regard to rape against Bhanwar Singh.

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Learned Public Prosecutor has opposed these appeals.

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Considering the contentions put-forth by the counsel for the appellants, I deem it proper to allow both the appeals.

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The order dated 4.1.2018 is set aside and these appeals are allowed and the appellants are directed to be released on bail provided they furnish a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/(Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.

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(PANKAJ BHANDARI), J.

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Seema/107-108

Bhanwar Singh Kushwah v. State of Rajasthan through P P

Case brief

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Bhanwar Singh Kushwah v. State of Rajasthan through P P

Case brief

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