Case Note & Summary
The applicant, Ravindra Dagadu Gaikwad, aged 49 years, a professional, filed a criminal writ petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No. 65 of 2025 registered at Antrolikar Nagar Police Station, Solapur, for offences under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from an FIR lodged by the mother of the victim alleging that the applicant had committed penetrative sexual assault on her minor daughter. During trial, the prosecutrix (the victim) and other material witnesses turned hostile and did not support the prosecution case. The medical evidence also did not reveal any injury or sign of penetration. The court considered the submissions of the applicant's advocate, Vyankatesh Dnyaneshwar Bachhal, and the respondent's advocate, Vishal Ramkisan Jadhav. The court noted that the prosecutrix and other witnesses had turned hostile and the medical evidence did not corroborate the allegations. The court held that continued incarceration of the applicant would not be justified and granted bail on certain conditions. The court directed the applicant to be released on bail on furnishing a personal bond of Rs. 15,000 with one surety, and imposed conditions including not tampering with evidence, not inducing witnesses, and reporting to the police station once a month.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Hostile Witness - Prosecutrix and other witnesses turned hostile, not supporting prosecution case - Medical evidence does not show any injury or sign of penetration - Held that continued incarceration is not justified and bail should be granted (Paras 5-8). B) POCSO Act - Sexual Assault - Sections 3, 4 POCSO Act, 2012 - Inconsistent Testimony - Allegation of penetrative sexual assault not corroborated by medical report or any independent witness - Held that benefit of doubt must be given to the accused (Paras 5-8).
Issue of Consideration
Whether the applicant is entitled to bail under Section 439 of CrPC when the prosecutrix and other material witnesses have turned hostile and the medical evidence does not corroborate the allegations of penetrative sexual assault.
Final Decision
Bail granted to the applicant on furnishing personal bond of Rs. 15,000 with one surety, with conditions including not tampering with evidence, not inducing witnesses, and reporting to police station once a month.
Law Points
- Benefit of doubt
- Hostile witness
- Corroboration
- Medical evidence
- Inconsistency in testimony
- Presumption of innocence
- Bail
