Court emphasizes the gravity of allegations and the substantial evidence against the accused
In a recent ruling, the Punjab and Haryana High Court denied regular bail to Diljit Singh, accused of committing a sexual assault on a minor, underscoring the seriousness of the allegations and the strong evidentiary support for the prosecution's case. The judgment, passed by Justice Sumeet Goel, comes as a significant stance on handling cases of sexual offences against minors, which the court noted have severe repercussions on the victims.
The petitioner, Diljit Singh, sought bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 6 of the POCSO Act. The allegations against Singh include enticing the minor victim to a secluded place under false pretenses and committing sexual assault. Despite arguments from Singh's counsel that the medical evidence did not indicate penetrative assault, the court found the victim's consistent testimony to the contrary compelling.
Justice Goel highlighted the importance of handling such cases with due care, citing the physical, emotional, and mental impact on the victim. The court emphasized that the testimony of the victim, who had already appeared before the trial court and supported the prosecution's narrative, was of substantial evidentiary value.
The state counsel argued vehemently against granting bail, stressing the grave nature of the offence and the consistent role attributed to the accused throughout the investigation. The court agreed, noting that the seriousness of the allegations, the age of the victim, and the corroborative victim testimony indicated a prima facie case against Singh.
In its conclusion, the court dismissed the petition for regular bail, stating that the allegations, if proven, would attract severe punishment under the law. The decision reflects the judiciary's firm stance on sexual offences against minors, prioritizing the protection of victims and the gravity of the crime over the accused's request for bail.
Bottom line:-
Bail under BNSS, 2023 - Regular bail refused to accused charged with sexual assault on a minor child due to grave nature of allegations and substantive evidence supporting the prosecution case.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, POCSO Act Section 6, BNS 2023 Sections 127(2) and 351(2).
Diljit Singh @ Diljeet Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2944634
