The single judge bench of Justice Vivek Puri of the Punjab and Haryana High Court in the case of Sunny Vs the State of Haryana granted bail to the petitioner as the victim in her statement recorded under Section 164 Cr.P.C. as well as during the course of trial has not attributed allegations of sexual assault or penetrative sexual assault against the petitioner. Even the report of DNA analysis does not implicate the petitioner.
BRIEF FACTS
The factual matrix of the case is that the petitioner is seeking regular bail in case bearing FIR under Sections 363, 366, 376(3), 506 IPC and Section 4 of Protection of Children from Sexual Offences Act.
The learned counsel appearing on behalf of the petitioner has contended that the statement which was recorded under section 164 Cr.Pc, the victim has not attributed any allegation of sexual assault much less penetrative sexual assault against the petitioner. Even, during the trial also, the victim has not attributed allegation of commission of sexual assault or penetrative sexual assault upon her. Further, the report of DNA analysis also has been received and it does not matches with the petitioner.
The learned counsel appearing on behalf of the state has contended that the in her statement recorded under Section 161 Cr.P.C., the victim has attributed allegations of rape against the petitioner and even semen was detected as per the report of chemical examiner. Moreover, 9 out of 19 witnesses have been examined so far.
COURT’S OBSERVATION
The hon’ble court held that the victim in her statement recorded under Section 164 Cr.P.C. as well as during the course of trial has not attributed allegations of sexual assault or penetrative sexual assault against the petitioner. Even the report of DNA analysis does not implicate the petitioner. So far only 9 out of 19 witnesses have been examined. The petitioner is in custody for a period of 1 year, 1 month and 28 days and is not involved in any other case. The conclusion of trial is likely to take some more time and no fruitful purpose would be served by detaining the petitioner in further custody. Further, granted bail to the petitioner.
CASE NAME- Sunny Vs the State of Haryana
CITATION- CRM-M-31389-2022
CORUM- Justice Vivek Puri
DATE- 15.11.22
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