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Judgment
13 paragraphs · 227 wordsG.S. Ahluwalia, J
This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 09/01/2021 in connection with Crime No.10/2021 registered at Police Station Pohri, District Shivpuri for offence
under Section 363, 354, 323 and 34 of IPC and Section 5/6 of the POCSO Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had removed the pant of the prosecutrix as well as
also removed his under garments and compelled the prosecutrix to sit on his lap. It is submitted that although the prosecutrix is minor but he has been
falsely implicated, due to property dispute. However, it is fairly conceded that there is nothing on record to indicate that any property dispute was
going between the applicant and complainant party. During the course of arguments, it is submitted that the police has in fact filed the charge-sheet
under Section 9/10 of the POCSO Act also.
Per contra, the application is vehemently opposed by the sCounsel for the State. It is submitted that the minimum sentence under Section 10 of
POCSO Act is five years, which may extend to seven years.
Considering the gravity of the allegations made against the applicant, no case is made out for grant of bail. The application fails and is hereby
dismissed.