The Patiala House Court, Delhi in its order dated April 15, 2024 granted bail to a 20-year-old boy in a POCSO case due to lack of evidence as against the testimony of the alleged victim.
The bail comes after the young man spent 2 years and 8 months in jail.
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Case:
In September 2021, a 15-year-old girl had accused a boy of raping her while the two were sleeping on a foothpath. The boy who was 18 years and 7 months then, was booked under
- Section 363
- Section 366
- Section 376
of the IPC, read with Section 6 of the POCSO Act.
Arguments by Accused:
Advocate Shailendra Pratap Singh who represented the accused argued that the ‘victim’ had willingly accompanied the ‘accused’ to Bhatinda, Punjab. The girl remained with the accused in public spaces and never tried to object or run away from the company of the accused.
The counsel also said that it was highly unlikely that such a serious crime could have been committed while sleeping on a footpath. Claiming the relationship to be consensual, Advocate Singh also informed the Court that the complainant had filed a false rape case after returning to Delhi only to obtain state compensation given to rape victims.
READ ORDER | “Recover Compensation Paid To Rape Victims Who Turn Hostile During Trial”: Allahabad High Court To UP Govt
Delhi Court
Additional Sessions Judge (ASJ) Chhavi Kapoor of the Patiala House Court, Delhi went through the Medico Legal Case (MLC) of the victim and found that there was no incriminating evidence to suggest the complainant had been raped. Her Urine Pregnancy Test (UPT) was also found to be negative.
There were no external injuries found on the complainant’s body either. The prosecution had cited 20 witnesses, however, only one was cross examined.
The court also relied upon the contention raised by the accused with regards to the age of the alleged victim. According to the accused, the girl was not even a minor at the time of alleged offence.
Keeping in mind the age of the accused and the amount of jail time spent by him as an under trial (nearly three years), the Court granted him bail since his judicial custody was no longer required. This release order is subject to furnishing a personal bail bond and one surety in the sum of Rs 15,000.
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Voice For Men India Opinion:
- Indian jails are flooded with under trials
- Bail is a right of every Indian citizen, however, the right is linked to whether you can afford a good lawyer or not
- Sadly, people with power and money get urgent hearings and relief instantly, while the ones who do not have resources are thrown in jail to languish for years
DO WATCH:
Bareilly Court Sentences Woman To Jail For Filing False Rape Case | Voice For Men India
LEAVE YOUR COMMENTS BELOW:
READ ORDER (POCSO) | 20-Yr Old Boy Granted Bail In Alleged #FalseRape Case After Spending Nearly Three Yrs In Jail
— Voice For Men India (@voiceformenind) May 9, 2024
– Arguments by Accused:
▪️No proof of rape in MLC
▪️Complainant not minor
▪️Complainant filed #FakeRape case to get state compensationhttps://t.co/x7lpfk0628
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