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“Though there was no progress in the trial and even the charge was also not framed and the applicant was incarcerated since 22-12-2021, however, the material on record prima facie showed the applicant’s involvement in the crime.”
While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.
The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.
The High Court advised the female adolescent, to control sexual urge/urges as in the eyes of society she is the looser when she gives in to enjoying the sexual pleasure of hardly two minutes.
The Court emphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.
“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”
“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”
“In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar. However, when such incidents occur that force a girl to abandon her studies, the very notion of empowerment is compromised and society at large bears the consequences.”
The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.
“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”
“Ironically, the concerned SHO in his report on one hand mentions that the petitioner’s behaviour is satisfactory, but in the same breadth, also mentions that he can have adverse impact on law, order and security in the area, without assigning any reasons.”
“Conviction can be made only on the basis of the testimony of the prosecutrix without any independent corroboration. However, in such case, the testimony of the prosecutrix has to be of a sterling quality.”
“This Court must record its concerned about the manner, in which, the mandatory provisions of Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 are being violated, with impunity.”
“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”
The Court also said that prima facie, it appeared that there was no mens rea involved.
The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Court observed that the convict was a young boy of 20 years, who has no father, and was shouldering the responsibility of his widowed sister and her son, hence, imprisonment for a term of 14 years would be adequate, to teach him a lesson.
Allahabad high Court: In a second anticipatory bail application for offences under Sections 363, 366, 376 of the Penal Code,
Manipur High Court: In a case where the criminal appeal was pending and the applicant convicted under Section 6 of the Protection