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Nagpur High Court

High court granted bail in POSCO case.

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high_court_grants_bail_to_pocsoJustice Vinay Joshi at the Nagpur bench of Bombay High court has granted bail to one Akash Darshanwar accused in crime number 238/2020 for an offense punishable under Section 376 of the Indian Penal Code read with Sections 4 and 6 of the  Protection of Children from Sexual Offences Act, 2012, registered by police station Ghatanji, Dist Yavatmal. The father of the victim lodged the report with the police station upon which the offense came to be registered.

Adv. Ishwar S Charlewar appearing for the applicant Akash Darshanwar pointed out to the court later dated 6th May 2020 issued by the Nagar Parishad, Arni to show that there is no birth entry of victim with the records of Nagar Parishad.  Moreover, the ossification test of the victim was conducted to ascertain her age. The learned counsel for the applicant argued that the date of birth recorded in the school cannot be relied upon as a true date of birth of the victim and thus pointed out that the victim was major and was a consenting party.

Learned A.P.P. Mr. N. R. Patil appearing for State resisted the bail by submitting that the applicant had illicit intercourse with a minor who in turn became pregnant.  Considering the gravity of the offense, he prayer for rejection of bail.

While allowing the bail application, Nagpur bench of Bombay High court observed that the victim voluntarily has gone to the house of the applicant (accused) and there was no force or compulsion by the accused. The court has observed that the aspect of a minority of the victim would be considered at the time of trial.

Adv. Ishwar S. Charlewar and Deepa I. Charlewar Appeared for the applicant and learned counsel Shri N. R. Patil appeared for the state.

[read order]

2 Comments

2 thoughts on “High court granted bail in POSCO case.
  1. Congratulations

  2. Congratulations..Sir ji

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