ALLHABAD HIGH COURT REJECTS BAIL APPLICATION IN HEINOUS CHILD RAPE POSCO CASE

In a significant ruling, the Hon'ble Sanjay Kumar Singh, J., dismissed a bail application in a shocking child rape case. The case involved charges under Sections 376AB of the Indian Penal Code (IPC) and Section 5m/6 of the Protection of Children from Sexual Offences (POCSO) Act.

The applicant, identified as Rajesh, had sought bail during the ongoing trial. The allegations were made by the victim's mother, who lodged a First Information Report (FIR) against Rajesh, accusing him of raping her 7-year-old daughter. The incident allegedly took place in a mustard field on January 14, 2022.

The defense counsel vehemently argued that Rajesh was falsely implicated, highlighting the lack of medical evidence to support the prosecution's claims. They emphasized that the victim's medical examination revealed an intact hymen and no physical injuries. Referring to medical jurisprudence, the defense asserted that complete penetration or hymen rupture was not necessary to constitute rape.

However, the Additional Government Advocate representing the State opposed the bail application, stressing the gravity of the offense and the young age of the victim. The victim's statements, both under Section 161 and 164 of the Criminal Procedure Code (Cr.P.C.), included explicit allegations of rape against Rajesh.

Considering the overall facts, the severity of the charges, and the role assigned to the applicant, the court found no justifiable grounds to grant bail. Citing previous judgments, the court highlighted the reliability of the victim's testimony and the need to deal sternly with sexual crimes against women and children.

The chargesheet filed under Section 376AB of the IPC carries a minimum sentence of 20 years. Additionally, the court noted that the presumption under Section 29 of the POCSO Act would be drawn against the accused.

D.D-10 May.2023

Rajesh vs State Of U.P. And 3 Others