9911796707
TMI Blog2018 (10) TMI 1990X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein Court takes into consideration, inter alia, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds. In the instant case, by ordering the abovementioned tests and venturing into the reports of the same with meticulous details, the High Court has converted the adjudication of a bail matter to that of a minitrial indeed. This assumption of function of a trial court by the High Court is deprecated. Taking note of the violation of settled principles of criminal la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brief facts, which are as follows. On 16.09.2017, an FIR, C.R. No. 113/17 was lodged at Shahpur Police Station, Ahmadabad City against respondent no. 2, under Sections 376(2)(f) and 376(2)(i) of the IPC and Sections 4, 5(c)(f) (m), 6, 8, 9(c)(f)(m) and 10 of the POCSO Act, by the Appellant, who is grandmother of the victim . The victim herein is a minor, aged around 7 years. 4. Respondent No. 2 was apprehended thereafter and Chargesheet was filed on 05.12.2017 for the offence mentioned in the FIR. Therein, respondent no. 2 approached the High Court for bail and the same was granted. 5. The Ld. counsel for the appellant as well as the State have brought to our notice that the present order of the High Court is in clear violation of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds. Each criminal case presents its own peculiar factual matrix, and therefore, certain grounds peculiar to a particular case may have to be taken into account by the court. However, the court has to only opine as to whether there is prima facie case against the accused. The court must not undertake meticulous examination of the evidence collected by the police, or rather order specific tests as done in the present case. 8. In the instant case, by ordering the abovementioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the victim. Section 228A IPC makes disclosure of identity of the victim of certain offences punishable. Printing or publishing name or any matter which may make known the identity of any person against whom an offence under Sections 376, 376A, 376B, 376C or 376D is alleged or is found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by the High Court or the Supreme Court. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228A has been enacted, it would be appropriate that in the judgments, be it of this Court, High Court or lower courts, the name of the victim should not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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