AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
11 paragraphs · 354 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime No.214 of 2023, under Sections 363, 376(3) IPC and Section ¾ of the Protection of Children from Sexual Offences Act, 2012, Police Station Haldwani, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the prosecution case, the victim, a young girl of 15 years of age, left her house on 17.04.2023, at 11:30 AM, but did not return. Subsequently, the victim was found in the custody of the applicant.
Learned counsel for the applicant would submit that there is nothing in the medical report.
Learned State Counsel would submit that the DNA report supports the prosecution case, as the DNA did match in the undergarments of the accused.
It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.
The victim has already been examined at trial. She has not supported the prosecution case. Although, she has proved her statement, given under Section 164 of the Code of Criminal Procedure, 1973 (“the Code”). According to the FIR, the victim was 15 years of age. The applicant is 20 years of age. In her examination under Section 164 of the Code, the victim has stated that when the applicant called her, she went along with him and established physical relations consensually. In her cross-examination by the prosecution, the victim has denied the suggestion that the applicant had enticed her. As stated, the victim has not supported the prosecution case.
Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.