Allahabad High Court, with the single bench of Justice Vikas Kunvar Srivastav, while hearing Bail Applications moved by Accused u/s 439 of CrPC in the case related to the Gang Rape of a Minor girl during an online Court Conference, stated that
“The Undue advantage of this environment are taken by the tyrants of the society, who do not have the fear and hesitation in making the girl child, adolescents girls and minors, a victim of Lust.”
In the present case, the accused were charged for allegedly raping and thereafter Poisoning a minor Girl of 16 years of age under the POCSO Act. Subsequently, when the Father of the Victim approached the Police station and reiterated the incident to the authorities further waited for them to lodge the FIR and take the victim to Hospital for the test until she was alive, but the authorities not only showed to take the victim to the hospital because of which the Victim lost her life but also denied and threatened the victim family to not to lodge the FIR if there demanded of Rs. 15,000/- is not fulfilled.
However, even after getting the amount, the Police denied FIR; the victim’s family moved the application u/s 156(3) CrPC and the FIR was registered.
The Court, with a single bench at the outset, while going through the facts, observed that: “Instead of providing justice to the victim families, the responsible people, the law enforcer started following the reverse Course of Action by no-writing of FIR and conducting medical Examination.”
Further, the court administered the victim’s narration as Dying Declaration, thus needs o corroboration as it is confirmed by the Forensic lab reports.
Further, referring to Section 29 of the POCSO Act, 2012 and Sections 3, 5, 7 & 9 of the Act, the Special Court held the Accused guilty unless counter-proved. Thus, the Single bench, while observing all the facts, Court rejected the bail application.
