Uttarakhand High Court
CRJA/11/2020 on 23 August, 2023
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CRJA No. 11 of 2020
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Mr. A.S. Rawat, Senior Advocate,
appearing as Amicus Curiae for the
Appellants.
(2) Mr. J.S. Virk, Deputy Advocate General
for the State of Uttarakhand.
Bail Application (IA No. 1 of 2022)
Bail Application (IA No. 2 of 2022)
(3) Heard learned counsel for the parties on
bail applications.
(4) This is a Jail Appeal filed under Section
374(2) of Cr.P.C., against the judgment and
order dated 23.12.2019 passed by learned
F.T.C./Additional Sessions Judge/ Special
Judge POCSO, Haridwar in Special Sessions
Trial No. 176 of 2018. By the said judgment,
the appellant nos. 1, 3,4 have been convicted
for offence punishable under Section
376(a)(b), 376(2)(n), IPC read with Section 6
of POCSO Act and were sentenced to rigorous
imprisonment of life with fine of Rs. 20,000/
each, while appellant no. 2-Puja has been
convicted for offence punishable under section
109 IPC read with Section 17 POCSO Act and
was sentenced to rigorous imprisonment of 20
years with fine of Rs. 20,000/-. It was further
directed that in case of default in payment of
fine, appellants shall undergo one month's
additional simple imprisonment.
(5) Today, learned Amicus Curiae has
pressed the bail applications submitted by
appellants Fullu and Puja from jail, which
have been registered as Bail Application (IA
No. 1 of 2022) & Bail Application (IA No. 2 of
2022) respectively.
(6) As per the case of the prosecution, the
First Information Report was lodged on
22.09.2018 in Police Station SIIDCUL, District
Haridwar against Fullu & Pappan under
Section 376(2)(i) IPC and Section 3/4 of
POCSO Act. After investigation, charge-sheet
was submitted against all the appellants.
(7) As per the case of the prosecution, the
appellant-Fullu was charged and convicted for
the offence being the main accused. It is the
case of the prosecution that it is Fullu, who
used to sexually assault the victim on regular
basis and the same activities were also done
with the victim by other co-accused/
appellants.
(8) So far as the appellant Puja is
concerned, she is mother of the victim and
case of the prosecution against her is that she
used to send victim to Fullu and, in lieu
thereof, whatever money the victim used to
receive, she used to hand-over the same to
appellant-Puja.
(9) Learned Amicus Curiae has argued for
both the appellants and sought bail during
pendency of the appeal.
(10) So far as the bail application of Fullu is
concerned, the direct role has been assigned
by victim to Fullu in her statement recorded
under Section 164 CrPC as well as in her
evidence before the Trial Court, and coupled
with the fact that the victim was only eight
years of age at the time of incident, we are
not inclined to grant bail to appellant-Fullu
and his Bail Application (IA No. 1 of 2022) is
hereby rejected.
(11) So far as the Bail Application of
appellant-Puja is concerned, she has been
convicted with the aid of Section 109 IPC
read with Section 17 POCSO Act for abetment
of the crime. Though, it is equally a serious
offence, but, we have been informed by
learned counsel for the appellant that Puja is
mother of victim and apart from victim, she
has got two other minor children one Km.
Chandni and a son.
(12) Only keeping this point in view and also
of the fact that she is a woman and protected
under Section 437 CrPC, we are inclined to
release the appellant-Puja on bail during
pendency of the appeal.
(13) Having heard the rival contention of the
counsel for the parties, the Bail Application
(IA No. 2 of 2022) of Appellant-Puja is hereby
allowed.
(14) Let the appellant/ applicant-Puja be
released on bail during the pendency of this
appeal on such conditions, which the learned
Special Judge, POCSO deems fit and proper.
(15) List this Appeal on 20.12.2023.
(16) The observations made hereinabove are
exclusively for the purpose of deciding the
bail applications, and the same shall have no
bearing on final merits of the appeal.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
23.08.2023
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