Offence Has Shaken Court's Conscience: Allahabad HC Denies Bail To 'Pujari' Accused Of Sexually Assaulting 12 Y/O Boy

Considering the gravity of the offence and the victim's statements deposing as to how the alleged act had been performed by the accused, a bench of Justice Rohit Ranjan Agarwal denied bail to the accused-applicant (Jamuna Giri).Top of Form

“From the perusal of the statement of the victim, who is a minor aged about 12 years, it is clear that the applicant has committed offence which has shaken the conscious of this Court. There is no occasion why the victim, who is minor, would give such type of statement against the applicant,” the Court observed in its order.

As per the prosecution's case, the victim, a 12-year-old boy who had already lost his parents, had gone to see the mela/fair, and when he did not return, his uncle went to search him and found him crying.

When asked, the victim said that the applicant-accused had taken him away near a temple and had performed unnatural sex with him. Consequently, the accused applicant was arrested on February 10, 2024.

Seeking bail in the case, the accused moved the HC, wherein his counsel submitted that the r had been falsely roped in the present case due to village enmity.

It was also contended that the informant (the child's uncle) wanted him to be removed from the temple, and thus, a false FIR had been lodged against him.

It was also argued that the injury report does not mention the offence under Section 377 IPC, and no external injury was found during the investigation. Hence, it was prayed that he be released on bail.

On the other hand, the AGA opposed the prayer for bail and submitted that the applicant's offence had shaken the conscience.

Against this backdrop, considering the gravity of the alleged offence committed by the applicant and the victim's deposition, the Court found no prima facie reason to grant him bail.

Appearances

Counsel for Applicant: Arun Kumar

Counsel for Opposite Party: GA

Case title – Jamna Giri vs. State Of U.P. And 3 Others2024 LiveLaw (AB) 520

Case citation: 2024 LiveLaw (AB) 520

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