Allahabad High Court Grants Bail To Accused As Parents Of 8 Y/O Sexual Assault Victim Refuse To Get Her Medically Examined

The Allahabad High Court recently granted bail to an accused booked for committing an Aggravated Sexual Assault (punishable under Section 10 of the POCSO Act) upon a 8 year old girl as her parents refused to get her medically examined.

The bench of Justice Sadhna Rani (Thakur) granted bail to accused Manoj Saxena taking into account the larger mandate of Article 21 of the Constitution of India and the Apex Court's dictum in the case of Dataram Singh v. State of U.P. and another (2018) 2 SCC 22

The case in brief

As per the FIR in the case, in the absence of other family members of the 8-year-old victim, the accused, a dish repairing technician, visited the victim's house and seeing the victim alone, started vulgar activities with her. The victim made hue and cry then that is how he ran away from the house.

In her statement recorded under Section 161 Cr.PC, the victim stated that when the accused came in her house, to repair the dish connection, he inserted his hand in her clothes and kissed her on the lips.

As per her statement recorded under Section 164 Cr.P.C., the victim alleged that the accused held her tightly and kissed her lips, inserted his hand into her panty, and also pressed her breast by inserting her hands therein.

The Accused was booked under Sections 376A, B, 354 I.P.C. & 9D/10 POCSO Act & 3(2)V SC/ST Act and thus, he moved to the Court seeking regular bail. It was argued on his behalf that there is a general allegation in the FIR and as per the statements of the victim recorded under Sections 161 and 164 Cr.P.C., no ingredient of Section 376 I.P.C is made out.

Further, it was argued that the parents of the victim refused the medical examination of the victim and that no injury had been found on the person of the victim. It was further argued that the father of the victim is a policeman and this FIR is only a misuse of that power.

In view of this, the Court granted him bail as it noted that the parents of the victim denied any medical examination of the victim.

Case title - Manoj Saxena v. State of U.P. and Another [CRIMINAL MISC. BAIL APPLICATION No. - 27038 of 2022]

Case Citation: 2022 LiveLaw (AB) 429

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