Court No. - 29
Case :- CRIMINAL APPEAL No. - 5996 of 2018 Appellant :- Nanka Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Kumar Tripathi Counsel for Respondent :- G.A.,Manu Pathak,Pradeep Singh, Km. Meena
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
By this appeal, a challenge is made to the order dated 27.08.2018 passed by learned Additional Sessions Judge/Special Judge POCSO Act, Kaushambi in Bail Application No. 44 of 2018 arising out of Case Crime No. 156 of 2018 under Sections 376(2)(I), 506 IPC, 3/4 POCSO Act and 3(2)5 and 3(2)(5A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kokhraj, District Kaushambi by which the bail application preferred by the appellant was dismissed.
The prosecutrix has made specific allegation against the appellant in her statement under Section 164 Cr.P.C. Her age disclosed in the statement is of 13 years. Learned counsel for the appellant has shown it to be a case of consent but the consent by a girl aged about 13 years carry no meaning, if at all it is taken to be a case of consent.
In view of the above, I do not find any ground to cause interference in the order dated 27.08.2018 dismissing the bail application.
In view of the above, the appeal is dismissed.
It is made clear that any observation made in this order would not affect the trial. The trial Court is directed to expedite the proceedings.
Order Date :- 29.7.2021 Shubham .
(Munishwar Nath Bhandari, A.C.J.)