Excelsior Correspondent
Srinagar, June 2: High Court today ruled that bail cannot be denied to accused involved in child abuse and sexual assault case under POCSO Act, if the victim is avoiding to step into witness box.
Justice Sanjay Dhar while allowing the bail plea of Ravi Kumar said the conduct of the victim for not coming forward to her statement is sufficient to entitle the accused to concession of bail.
Court said the consideration of bail cannot be deferred indefinitely simply because the victim is keeping herself away from appearing in court as it is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding to step into the witness box.
Accused-Kumar was seeking bail in a case arising out of FIR bearing No. 45/2020 for offences under sections 363 and 109 IPC and Section 8 of the Protection of Children from Sexual Offences (POCSO Act). The accused was arrested on 27.04.2020 in connection with the FIR and charges against him were framed on 13.10.2021.
He had approached the trial court by way of a bail application, but the same was dismissed by the trial court in terms of order dated 28.06.2022 on the ground that the statement of the prosecutrix is yet to be recorded.
Court had directed the prosecution to take all necessary steps for ensuring the presence of the prosecutrix before the trial court for recording her statement but the prosecution has failed to produce the victim before the trial court for recording her statement.
Justice Dhar said that an under trial prisoner cannot be detained for a period more than one-half of the maximum punishment period of imprisonment specified in the offence in which he has been taken into custody and upon expiry of the said period, he has to be released by court on personal bond with or without sureties.
Prosecution counsel while opposing the bail application submitted that despite best efforts, the Investigating Agency is unable to trace the prosecutrix as a result of which, she could not be produced before the Court below for recording her statement. “This cannot form a reason for denying the statutory right that has accrued in favour of the petitioner-accused by spending more than one-half of the maximum period of imprisonment specified for offence under section 8 of the POCSO Act”, Court recorded.
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