Petitioner's Plea for Liberty Dismissed Amidst Concerns for Victim Safety and Legislative Intent to Protect Children
In a significant judgment, the Punjab and Haryana High Court has dismissed a bail application filed by Mahesh @ Mykal, who was charged under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Bharatiya Nyaya Sanhita, 2023. The court emphasized the gravity of the allegations and the strong prima facie evidence against the petitioner, including the victim's testimony, corroborating the prosecution's narrative.
The case stems from a complaint lodged by the mother of a 13-year-old girl, who alleged that her daughter was enticed away by the petitioner. The victim's testimony during the trial reinforced the accusations, detailing repeated sexual assaults. Despite the petitioner's arguments for bail, citing prolonged incarceration and inconclusive forensic evidence, the court was unconvinced.
Justice Neerja K. Kalson, presiding over the case, highlighted the protective legislative framework of the POCSO Act, which prioritizes the welfare and protection of child victims over the accused's plea for liberty. The court noted that the absence of external injuries or complete forensic evidence does not negate the victim's testimony, which is central to the prosecution's case.
The judgment further emphasized that the principles of bail in serious offences, especially under the POCSO Act, require exceptional caution. The court expressed concerns over potential witness tampering if the petitioner were released on bail, given the serious nature of the alleged offences and the pending examination of 18 more prosecution witnesses.
While dismissing the bail application, the court directed the trial court to expedite the proceedings and conclude the trial within six months, ensuring a fair and swift judicial process for the victim.
Bottom Line:
Application for bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 dismissed for an accused charged under the POCSO Act and Bharatiya Nyaya Sanhita, 2023, where strong prima facie evidence, including victim's testimony, corroborates the prosecution's narrative.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483; Protection of Children from Sexual Offences Act, 2012, Section 6; Bharatiya Nyaya Sanhita, 2023, Sections 137, 64(2)(M), 65(1), 87.
Mahesh @ Mykal v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2843077
