The Allahabad High court set free a man put on trial for committing Aggravated Sexual Assault (punishable under Sec 10 of the POSCO Act, 2012) with an 8-year-old girl as her parents denied the authority to let her go through a medical examination.
The bench consisted of Justice Sadhna Rani(Thakur), who granted bail to an accused Manoj Saxena (age 50) booked under Sections 376A, B, 354 I.P.C. & 9D/10 POCSO Act & 3(2)V SC/ST Act. After hearing the arguments of knowledgeable attorneys for both sides.
Taking into account the seriousness of the charge, the severity of the sentence in the event of a conviction, and the type of supporting evidence prima facie satisfaction of the Court based on the evidence charged, a punitive reform theory, and a broad mandate the dicta of Article 21 of the Indian Constitution Dataram Singh v. State of Uttar Pradesh and Other Apex Court unstated in (2018) 2 SCC 22, was reported Regardless of one’s perspective of the case’s merits, the judge believed it to be one of bail.
Case brief
The applicant’s knowledgeable attorney claims that there are general allegations in the FIR. There is no mention of Section 376 I.P.C. in the victim’s statements made under Sections 161 and 164 of the Criminal Procedure Code.
The victim’s parents refused to have her daughter examined by a doctor, thus no medical has been done. There are no visible wounds on the victim’s body. In actuality, the victim’s father works as a police officer, and this FIR just documents the abuse of that authority.
Given that the applicant is 50 years old, the situation seems odd. He has been detained since April 13, 2022, and if his bond is increased, he will not abuse his freedom. On these grounds, bail was requested.
Learned A.G.A. has contested the bail application and stated that the girl is seven years old according to her school leaving certificate and ten years old according to the victim’s medical report.
It appears from reading the FIR that the eight-year-old victim called Manoj Saxena (applicant), the person who used to go to fix the dish connection when she saw her TV dish connection was disrupted when she was alone at home and there were no other family members there.
Manoj Saxena (the applicant) entered the premises and discovered the girl there by herself. He then engaged in lewd behavior with her. The victim screamed and fled the residence after making a scene. In the assertion, the victim claims that Manoj Saxena violated Section 161 of the Criminal Procedure Code when he entered the first informant’s home to fix the dish connection and noticed the girl there by herself.
his hand in her clothing and gave her a passionate kiss. According to the victim’s statement made under Section 164 of the Criminal Procedure Code, Manoj Saxena repaired the dish connection at the home of the first informant before holding her tightly and kissing her on the lips, putting his hand into her underwear, and pressing her breast by placing her hands inside.
Admittedly, the victim’s parents have objected to any medical examinations.
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