Punjab & Haryana High Court denies bail in minor’s rape case

Read Order: Jagsir Singh @ Raju v. State of Punjab 

LE Correspondent

Chandigarh, July 17, 2021: The Punjab and Haryana High Court has denied bail to a rape accused after the forensic report presented by the prosecution revealed that the semen detected on the survivor’s clothes matched with that of the petitioner.

The petition was filed under Section 439 Cr.P.C. for grant of regular bail to the accused petitioner in an FIR filed on 04.06.2020, under Section 376 A-B of the IPC and Sections 6/8 of the POCSO Act, 2012, registered at Police Station Sadiq, District Faridkot.

The petitioner claimed that he was innocent and that the allegations against him were fabricated as the relations between him and the survivor’s family were strained.

The plea further submitted that the petitioner has been in custody since 2 June, 2020 and there is no likelihood of the trial concluding anytime in the near future, thus he should be released on bail.

The State counsel while opposing the prayer apprised the High Court that there are serious allegations levelled against the petitioner. The survivor is a seven-year-old girl, who while playing in the street was picked up by the petitioner, who then took her to his house and committed the heinous crime.

The State counsel also invited the attention of the High Court to the short reply dated 25.02.201, filed by way of affidavit of DSP, Sub Division Faridkot, District Faridkot, wherein, the report of FSL was reproduced and revealed that human semen was detected on the child’s clothes, which matched with the petitioner.

“Prima facie, there are serious and specific allegations levelled against the petitioner in the FIR in question, for which he does not deserve the concession of bail. Petition stands dismissed accordingly,” stated the bench of Justice Manjari Nehru Kaul.

“However, anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case,” the high court held.