Laksham an Singh v. St at e of Ut t arakhand
Case Details
Acts & Sections
t he m edical report of t he vict im also confirm ed a 3 hist ory of sexual abuse. At t his st age, t he chain of evidence as gat hered appears sufficient t o suggest a prim a facie case.
11. This Court conscious of t he presum pt ion under Sect ion 29 of t he POCSO Act , which places a burden upon t he accused once a prim a facie is est ablished. The cont ent ion raised by t he applicant regarding t he consensual nat ure of t he relat ionship is a m at t er of t rial and cannot be accept ed as a defence at t his st age in view of t he clear st at ut ory m andat e, part icularly where t he vict im is a m inor.
12. I n St a t e o f Ra j a st h a n v . Ba l K i sh a n M e e n a , ( 2 0 1 9 ) 4 SCC 3 5 7 , t he Hon’ble Suprem e Court reit erat ed t hat in cases involving sexual offences against m inors, t he safet y of t he vict im and t he larger int erest of societ y m ust weigh st rongly against t he release of t he accused on bail. ORD ER Considering t he gravit y of t he offence, t he age of t he vict im , t he consist ent narrat ive of abuse and coercion, t he recovery of digit al evidence, and t he pendency of t rial, t his Court is not inclined t o grant bail t o t he applicant at t his st age Accordingly, t he bail applicat ion is rej ect ed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Dt : 17.04.2025 SB SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b 09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9 BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA 4
t he m edical report of t he vict im also confirm ed a 3 hist ory of sexual abuse. At t his st age, t he chain of evidence as gat hered appears sufficient t o suggest a prim a facie case.
11. This Court conscious of t he presum pt ion under Sect ion 29 of t he POCSO Act , which places a burden upon t he accused once a prim a facie is est ablished. The cont ent ion raised by t he applicant regarding t he consensual nat ure of t he relat ionship is a m at t er of t rial and cannot be accept ed as a defence at t his st age in view of t he clear st at ut ory m andat e, part icularly where t he vict im is a m inor.
12. I n St a t e o f Ra j a st h a n v . Ba l K i sh a n M e e n a , ( 2 0 1 9 ) 4 SCC 3 5 7 , t he Hon’ble Suprem e Court reit erat ed t hat in cases involving sexual offences against m inors, t he safet y of t he vict im and t he larger int erest of societ y m ust weigh st rongly against t he release of t he accused on bail. ORD ER Considering t he gravit y of t he offence, t he age of t he vict im , t he consist ent narrat ive of abuse and coercion, t he recovery of digit al evidence, and t he pendency of t rial, t his Court is not inclined t o grant bail t o t he applicant at t his st age Accordingly, t he bail applicat ion is rej ect ed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Dt : 17.04.2025 SB SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b 09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9 BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA 4