Case Note & Summary
The applicant, Pratik Vilas Shelar, filed a bail application under the POCSO Act and IPC for offences including gang rape, kidnapping, and criminal intimidation. The victim, a 16-year-old student, alleged that on 5 August 2018, the applicant and a juvenile co-accused took her on a scooty ride and committed sexual assault. The prosecution case relied on the victim's complaint and her statement under Section 164 CrPC. However, the court noted significant inconsistencies: the victim initially stated she was taken forcibly, but later admitted she went willingly. Her Section 164 statement contradicted her earlier version, and she did not support the prosecution case during trial. The court also considered that the applicant had no criminal antecedents and had been in custody since 2018. The State opposed bail citing the gravity of offences, but the court found that the victim's testimony was unreliable and lacked corroboration. The court granted bail, noting that the trial was likely to take time and the applicant's continued detention was not justified. The decision was based on the principle that bail is the rule and jail is the exception, especially when the evidence is shaky.
Headnote
A) Criminal Law - Bail - POCSO Act, 2012, Sections 3,4,8,12 and IPC, 1860, Sections 376-D, 363, 506 - Inconsistent Testimony - Victim's statement under Section 164 CrPC contradicted her earlier complaint and subsequent testimony - Court held that where the prosecutrix's testimony is inconsistent and lacks corroboration, bail may be granted - Held that the applicant made out a case for bail (Paras 5-8).
Issue of Consideration
Whether the applicant is entitled to bail under the POCSO Act and IPC, considering the victim's inconsistent testimony and lack of corroboration.
Final Decision
Bail Application No. 2726 of 2019 is allowed. The applicant, Pratik Vilas Shelar, shall be released on bail on furnishing a PR bond of Rs. 25,000/- with one or two sureties in the like amount.
Law Points
- Bail
- POCSO Act
- Indian Penal Code
- Section 376-D
- Section 363
- Section 506
- Section 3
- Section 4
- Section 8
- Section 12
- Juvenile Justice Act
- Inconsistent Testimony
- Corroboration
- Prima Facie Case
Case Details
2021 LawText (BOM) (03) 54
Bail Application No. 2726 of 2019
Mr. Manoj Mohite, Senior Advocate i/by Mr. Sandeep Kumar Singh for the Applicant; Mr. Yogesh Dabke, APP for Respondent No.1-State; Mr. Anjani Kumar Singh i/by Mr. Siddhesh S. Sutar for Respondent No.2
The State of Maharashtra and Smt. Anuja Abhimanyu Shitole
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Nature of Litigation
Criminal bail application under POCSO Act and IPC for offences of gang rape, kidnapping, and criminal intimidation.
Remedy Sought
Applicant sought enlargement on bail in Crime No.I-260 of 2018 registered with Dombivali Police Station.
Filing Reason
Applicant was arrested and charged with offences under Sections 376-D, 363, 506 IPC and Sections 3,4,8,12 POCSO Act for allegedly sexually assaulting a 16-year-old victim.
Issues
Whether the applicant is entitled to bail given the inconsistent testimony of the victim.
Whether the lack of corroboration and the victim's failure to support the prosecution case during trial justify bail.
Submissions/Arguments
Applicant's counsel argued that the victim's statement under Section 164 CrPC contradicted her earlier complaint and she did not support the prosecution case during trial, making the case weak.
State opposed bail citing the gravity of offences under POCSO Act and IPC, and that the victim was a minor.
Ratio Decidendi
Where the prosecutrix's testimony is inconsistent and lacks corroboration, and she does not support the prosecution case during trial, bail may be granted as the prima facie case is weak. Bail is the rule and jail is the exception.
Judgment Excerpts
The victim's statement under Section 164 CrPC is inconsistent with her earlier complaint and she has not supported the prosecution case during trial.
Considering the inconsistencies and lack of corroboration, the applicant has made out a case for bail.
Procedural History
The applicant was arrested in connection with Crime No.I-260 of 2018 registered at Dombivali Police Station. He filed Bail Application No. 2726 of 2019 before the Bombay High Court. The application was reserved on 5th March 2021 and pronounced on 17th March 2021.
Acts & Sections
- Indian Penal Code, 1860: 376-D, 363, 506
- Protection of Children from Sexual Offences Act, 2012: 3, 4, 8, 12
