When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 9 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

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Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground that the statement of the victim remained to be recorded. Afterwards, the High Court rejected the petitioner's bail application but provided him with the opportunity to approach the trial court once more. Commenting on the submissions of the prosecution that despite best efforts, the Investigating Agency is unable to trace the prosecutrix, the court said: "This cannot form a reason for denying the statutory right that has accrued in favour of the petitioner by spending more than one-half of the maximum period of imprisonment specified for offence under section 8 of the POCSO Act".

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