NEW DELHI: Delhi High Court rejecting the anticipatory Bail of petitioner by the evidence of CCTV footage. On the recent hearing in the Delhi High Court where Accused of multiple charges under Prevention of Child From Sexual Offences Act,2012 (POCSO) and Indian Penal Code(I.P.C) for the harassment. On 17th November 2023, Victim( minor at the timer of incident) coming back to her house from the temple later she found that the Accused who’s sitting next to her was confronted and giving her bad sign and gesture to her modesty later by the act he was not stop then pressed her chest before fleeing. After the incident took place victim was not mentally able to fight and she went to the Police Station, FIR has been lodged under multiple Sections 354/354A/354D/509 of Indian Penal Code. As mentioning earlier Victim was minor at the time of incident so the Section 8/12 of POCSO also were lodged the same.
Furthermore, Hon’ble High Court listened the contention of the both party for learned counsel for the petitioner has contented that the by the Prima Facia of the fact and using the CCTV footage of nearby shops of the temple, argued that the demeanour of the Victim don’t suggest the any proof of the harassment happened to her. Contention from learned counsel for the State (Victim) was that Accused were the Habitual criminal and he’s done multiple crime on back dates like 2008 and 2012 and he had a background which our society will not acceptable at any cost so granting bail him to giving him opportunists to ruin more lives of girls, and the statement recorded under Section 164 of Code Of Criminal Procedure, 1973 which clearly corroborated with her earlier complaint and leveled specific allegations against the petitioner.
By the hearing of both side court found out that the proximity by the petitioner for the Victims that she was not minor at the time of incident were inconsistent with the fact and by the evidence of CCTV footage which clearly shows the present of the Accused at Crime scene and Court also reject his Non-Bailment Warrant against him. And court also observed the Victim’s vulnerability and seriousness of the crime and ongoing the investigation could be interrupted by the accused so it dismissed the petitioner’s anticipatory bail plea.
CONCLUSION: Delhi High Court denied anticipatory bail to a man accused of inappropriate gestures and chest-grabbing of a minor girl. The victim, 17 at the time, stood by her claims in court. CCTV footage offered conflicting evidence, but the court prioritised the victim’s age, seriousness of POCSO charges, and the accused’s evasion of investigation, dismissing his plea. This decision, while not pre-judging the trial, underscores the court’s commitment to protecting minors and upholding POCSO.
JUDGMENT NAME:- SURESH KUMAR SHARMA &ANR V. UNION OF INDIA THR G.M
NAME- ALI ASGHAR, COLLAGE- JAMIA MILLIA ISLAMIA, YEAR- 2ND YEAR
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