The prosecution case as set out in the F.I.R. records that the F.I.R. has been lodged by the grand father of the victim on 06.02.2021. The F.I.R. records that the victim, who is aged about 10 years, was playing on the road side when the applicant enticed him away to a field where wheat crop was standing. The applicant forcibly committed unnatural sexual acts upon the victim against the wishes of the latter. The accused then threatened him with dire consequences in case spoke of the incident to anyone. The statement of the victim was thereafter recorded under Section 161 Cr.P.C. and also by the learned magistrate under Section 164 Cr.P.C.
Sri Ram Janam Shahi, learned counsel for the applicant contends that the applicant has been falsely implicated. He is a young person.
Learned A.G.A. in opposition contends that considering the age of the victim, the statements of the victim corroborate the case of the prosecution as stated in the F.I.R. There are no material inconsistencies in the aforesaid statements. Further, the medical evidence also discloses the commission of the offence. The implication of the accused in the offence is supported by different and independent evidences.
Heard Sri Ram Janam Shahi, learned counsel for the applicant and learned A.G.A. for the State through video conferencing mode.
I see merit in the submission of the learned A.G.A. that the F.I.R. and the statements of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. are consistent.
Considering the lasting traumatic impact of sexual offences against the children, the legislature has enacted POCSO Act, which contains a strict regime of crime and punishment. Releasing the applicant on bail in these circumstances would traumatize the victim, compromise the criminal law process and deny justice to the victim.
In the wake of preceding discussion, I find that the bail application is liable to be dismissed.
The bail application is dismissed.
Order Date :- 20.5.2021 Ashish Tripathi