In CRA-S-650-2023-PUNJ HC- Prosecutrix has miserably demolished case of prosecution, says P&H HC while releasing POCSO accused on bail after victim turns hostile
Justice Jagmohan Bansal [23-03-2023]

Read Order: RAVINDER KUMAR V. STATE OF HARYANA

LE Correspondent

Chandigarh, March 24, 2023: As prosecution has the right to arrest, investigate the matter and restrain an accused from manipulating or winning over witnesses, similarly accused in view of Article 21 of the Constitution of India has right to defend himself, the Punjab and Haryana High Court has opined while granting bail to a POCSO accused.

Justice Jagmohan Bansal allowed the appeal against the order whereby the Additional Sessions Judge had dismissed the regular bail application of the appellant under Section 376 (2) (n) of the Indian Penal Code, 1860, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v) of the Schedule Caste and Scheduled Tribe Act, 1989 by observing that  the  prosecution did  not lead any convincing/plausible documentary or oral evidence indicating possibility of appellant being flee from justice or tampering the evidence or winning over/threatening the witnesses. 

The case of the prosecution was such that on May 30, 2022, prosecutrix lodged a complaint alleging that in the year 2013 she and the accused/appellant became friends. It was further alleged that the accused on the pretext of marrying her committed rape upon her.  She got pregnant and the appellant gave her pill to abort the pregnancy. 

After some time, the parents of the appellant lodged his missing report. On the basis of the same, the appellant was arrested. 

After considering the submissions of the parties,the Court opined that in the case in hand, there were 17 witnesses to be examined and the prosecution had only examined one prosecutirx who turned hostile. 

The appellant was in custody since June 27, 2022 and was not involved in any other offence.The Trial Court yet had to return definite findings on the disputed issues. Since only one witness i.e. the prosecutrix was examined, thus, there was abysmally low possibility of conclusion of trial in near future, the Court further noted. 

“As prosecution has the right to arrest, investigate the matter and restrain an accused from manipulating or winning over witnesses, similarly accused in view of Article 21 of the Constitution of India has right to defend himself and put forth his stand which cannot be possible while in custody”, the Court opined. 

 The prosecution did not lead any convincing/plausible documentary or oral evidence indicating possibility of appellant being flee from justice or tampering the evidence or winning over/threatening the witnesses, the Court observed. 

Hence, in view of such facts and circumstances, the Bench allowed the appeal and ordered the accused to be released on bail subject to such conditions as may be imposed by the Trial Court/Illaqa/Duty Magistrate concerned.