P&H HC | “Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child

Punjab and Haryana High Court: H.S. Madaan, J., rejected the bail application of the applicant accused of committing an act of sodomy to an 8 years old child. The Bench stated that,

“He (accused) has spoiled the life of a young child by his hateful acts. The petitioner comes out to be a sex maniac, himself a teenager, indulging in perverse sexual acts. His conduct cannot be taken lightly, since if released on bail, he may victimize several other innocent children and is a grave threat to the society.”

The applicant had been charged with offences under Sections 377, 511 IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012. The allegations against the applicant were that at about 3.00 PM, the applicant took the child victim, aged about 08 years, a student of 2nd class from his school on a bicycle by giving him allurement of money and then took him in a room constructed in his field, removed his trouser (lower), took off pants of the child victim and started committing sodomy with him. The child victim started crying on account of pain at which the applicant made him sit on his bicycle and left him near the school premises.

Later on, the child informed his father about the incident; pursuant to which the child was removed to Civil Hospital where he was medico-legally examined; the matter was reported to the police on the basis of which formal FIR was recorded.

Noticeably, the applicant had filed an application for regular bail before Special Judge, Mansa, which was dismissed.

In the backdrop of above, the Bench expressed,

“The allegations against the petitioner are very grave and serious of attempting to commit unnatural sex with a child of young age of 08 years, making him undergo nightmarish and traumatic experience, which may haunt him for the rest of his life.”

Noticing that the applicant, a teenager, who was a sex maniac and was indulged in perverse sexual acts, the Bench stated that he (applicant) had spoiled the life of a young child by his hateful acts and such conduct could not be taken lightly, since if released on bail, he may victimize several other innocent children and was a grave threat to the society.

Hence, opining that there was very likelihood of the applicant giving threats, intimidation or inducement to the prosecution witnesses in an attempt to make them resile from their statements during the trial to enable him to earn acquittal, the Bench held that the case could not be brushed aside lightly. Consequently, the bail application was rejected.[Manpreet Singh v. State of Punjab, CRM-M-9128 of 2021, decided on 09-07-2021]

Kamini Sharma, Editorial Assistant has reported this brief.

Appearance before the Court by:

For the Applicant: RVS Chugh, Advocate

For the State: J.S. Ghuman, DAG, Punjab

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