CRA-S-1028 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 207 Ram Darshan v. State of Haryana and another CORAM: Present: AARADHNA SAWHNEY, J. (Oral) 1. registered against him under (added lateron) and (Prevention of Atroc Station BPTP, District Faridabad bail. 2. being taken from para affidavit of Faridabad. The same are reproduced as under 1028-2026 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ram Darshan State of Haryana and another CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY. Mr. Ram Kumar Saini, Advocate for the appellant. Mr. Vishal Singh, Assistant Advocate General, Haryana. Mr. Ruby Gupta, Advocate for complainant **** AARADHNA SAWHNEY, J. (Oral) Appellant, an accused in case FIR No. registered against him under Section 6 of POCSO Act, Section 212 IPC (added lateron) and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short “the SC/ST Act”), at Police BPTP, District Faridabad, has filed the present appeal for grant of Relevant facts necessary for disposal of present appeal are taken from para 3 of the status report dated 1 affidavit of Rajeev Kumar, Assistant Commissioner Faridabad. The same are reproduced as under 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-1028-2026 Date of Decision: 01.05.2026 …Appellant. …Respondents. HON’BLE MS. JUSTICE AARADHNA SAWHNEY. , Advocate for the appellant. Mr. Vishal Singh, Assistant Advocate General, Haryana. Mr. Ruby Gupta, Advocate for complainant-respondent No.2. Appellant, an accused in case FIR No. 248 dated 02.09.2023 Section 6 of POCSO Act, Section 212 IPC Section 3(2)(v) of Scheduled Caste and Scheduled Tribe ities) Act, 1989 (in short “the SC/ST Act”), at Police , has filed the present appeal for grant of Relevant facts necessary for disposal of present appeal are of the status report dated 17.4.2026 filed by way of Rajeev Kumar, Assistant Commissioner of Police, Central, Faridabad. The same are reproduced as under:- Date of Decision: 01.05.2026 …Respondents. respondent No.2. 02.09.2023, Section 6 of POCSO Act, Section 212 IPC Section 3(2)(v) of Scheduled Caste and Scheduled Tribe ities) Act, 1989 (in short “the SC/ST Act”), at Police , has filed the present appeal for grant of Relevant facts necessary for disposal of present appeal are .2026 filed by way of Central, GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 1028-2026 -2 “3(i). That on 02.09.2023, information was received from BPTP police station to Women Police letter was received from V HEALTH CENTRE that Suhani D/o Mukesh Ba, age 14 years, was admitted to the hospital for treatment. After sonography, she was found to be 12 weeks pregnant. On this information P/SI reached BPTP police stat MHC police station and Radha w/o Mukesh Kumar R/o 3FF/48, Sector-76, Faridabad was found present in the police station along with the victim girl ‘S” (Name withheld being victim), who presented a written application. The r portion of the application reproduced below: “To SHO BPTP Police Station Faridabad Sir, my request is that I, Radha W/o Mukesh Kumar, resident of house no. 3FF/48, SEC-76, Faridabad. I have 03 children, I have two daughters and one son. My eld my younger daughter is 14. Her name is Suhani. My daughter Suhani told me that she became friends with Ram, son of Madanlal, through Instagram in 2022. 2022, she went to meet Ram in flat no. 5SF in str This marked the first time my daughter Suhani and Ram had a relationship without her consent, and Ram confessed his love to her. He deceived her and said that she should not tell this to anyone. I will marry her. Similarly, Ram called my da the same flat several times on the pretext of marriage and had physical relations with her. On 27.06.2023 2- That on 02.09.2023, information was received from BPTP police station to Women Police Station Central that a letter was received from V-CARE MULTISPECIALITY HEALTH CENTRE that Suhani D/o Mukesh Ba, age 14 years, was admitted to the hospital for treatment. After sonography, she was found to be 12 weeks pregnant. On this information P/SI reached BPTP police station and received the letter from MHC police station and Radha w/o Mukesh Kumar R/o 76, Faridabad was found present in the police station along with the victim girl ‘S” (Name withheld being victim), who presented a written application. The relevant portion of the application reproduced below:- “To SHO BPTP Police Station Faridabad Sir, my request is that I, Radha W/o Mukesh Kumar, resident of house no. 76, Faridabad. I have 03 children, I have two daughters and one son. My elder daughter is 17 years old, and my younger daughter is 14. Her name is Suhani. My daughter Suhani told me that she became friends with Ram, son of Madanlal, through Instagram in 2022. Then, on March 27, , she went to meet Ram in flat no. 5SF in street No. Y This marked the first time my daughter Suhani and Ram had a relationship without her consent, and Ram confessed his love to her. He deceived her and said that she should not tell this to anyone. I will marry her. Similarly, Ram called my daughter to the same flat several times on the pretext of marriage and had physical relations with her. On 27.06.2023 also, Ram had That on 02.09.2023, information was received from Station Central that a CARE MULTISPECIALITY HEALTH CENTRE that Suhani D/o Mukesh Ba, age 14 years, was admitted to the hospital for treatment. After sonography, she was found to be 12 weeks pregnant. On this information ion and received the letter from MHC police station and Radha w/o Mukesh Kumar R/o 76, Faridabad was found present in the police station along with the victim girl ‘S” (Name withheld being elevant “To SHO BPTP Police Station Faridabad Sir, my request is that I, Radha W/o Mukesh Kumar, resident of house no. 76, Faridabad. I have 03 children, I have two er daughter is 17 years old, and my younger daughter is 14. Her name is Suhani. My daughter Suhani told me that she became friends with Ram, son of Then, on March 27, eet No. Y-7. This marked the first time my daughter Suhani and Ram had a relationship without her consent, and Ram confessed his love to her. He deceived her and said that she should not tell this to ughter to the same flat several times on the pretext of marriage and had also, Ram had GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 1028-2026 -3 physical relations with my daughter. My daughter has told me all these things today. Ram has done a lot of wrong to my daughter. Legal action should be taken against Ram. Applicant- Radha Rani, Mobile N. 9999816481.” ii. That on the basis of the application and the medical certificate, FIR No. 248 dated 02.09.2023 under Section 6 of the POCSO Act was registered at PS BPTP Fa iii. That after lodging the FIR, the investigation was set into the motion and during the course of investigation, the statement of the victim girl was recorded in presence of the legal advisor and on the victim’s identification, the spot was insp minutely, rough site plan was prepared. Statements of witnesses were recorded. During the course of investigation, sexual medical of the victim girl was conducted at B.K. Hospital, Faridabad. The doctor in his opinion in MLR No. 22/PG/CH/2023 enumerated, “the possibility of sexual interaction cannot be ruled out.” The photocopy of the MLR is annexed herewith as Annexure R statement of the victim girl “S” was got recorded under section 164 Cr.P.C. before the Ld. Ilaqa Magistr supported the version of complaint. The true translated version is annexed herewith Annexure R girl “S” was conducted by CWC and the complainant produced the birth certificate of her daughter “S”, according the date of birth of the victim of the certificate is annexed herewith as Annexure R 3- physical relations with my daughter. My daughter has told me all these things today. Ram has done a lot of wrong to my hter. Legal action should be taken against Ram. Radha Rani, Mobile N. 9999816481.” That on the basis of the application and the medical certificate, FIR No. 248 dated 02.09.2023 under Section 6 of the POCSO Act was registered at PS BPTP Faridabad. That after lodging the FIR, the investigation was set into the motion and during the course of investigation, the statement of the victim girl was recorded in presence of the legal advisor and on the victim’s identification, the spot was inspected minutely, rough site plan was prepared. Statements of witnesses were recorded. During the course of investigation, sexual medical of the victim girl was conducted at B.K. Hospital, Faridabad. The doctor in his opinion in MLR No. erated, “the possibility of sexual interaction cannot be ruled out.” The photocopy of the MLR is annexed herewith as Annexure R-1. On 03.09.2023, the statement of the victim girl “S” was got recorded under section 164 Cr.P.C. before the Ld. Ilaqa Magistrate, in which she supported the version of complaint. The true translated version is annexed herewith Annexure R-2. Counselling of the victim girl “S” was conducted by CWC and the complainant produced the birth certificate of her daughter “S”, according to which the date of birth of the victim girl is 30.1.2009. The photocopy of the certificate is annexed herewith as Annexure R-3. physical relations with my daughter. My daughter has told me all these things today. Ram has done a lot of wrong to my hter. Legal action should be taken against Ram. That on the basis of the application and the medical certificate, FIR No. 248 dated 02.09.2023 under Section 6 of That after lodging the FIR, the investigation was set into the motion and during the course of investigation, the statement of the victim girl was recorded in presence of the legal advisor ected minutely, rough site plan was prepared. Statements of witnesses were recorded. During the course of investigation, sexual medical of the victim girl was conducted at B.K. Hospital, Faridabad. The doctor in his opinion in MLR No. erated, “the possibility of sexual interaction cannot be ruled out.” The photocopy of the MLR is 1. On 03.09.2023, the statement of the victim girl “S” was got recorded under section ate, in which she supported the version of complaint. The true translated version 2. Counselling of the victim girl “S” was conducted by CWC and the complainant produced to which girl is 30.1.2009. The photocopy GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 1028-2026 -4 iv. That during the course of investigation, UPT/USG test of the victim was conducted from BKH Faridabad. The UPT report of the victim was found positive. In the report, AN INTRA UTERINE G-SAC WITH YOLK SOG WITH FOETAL NODE OF CRL 59.5 MM CORRESPONDING TO GAGE OF 12 WEEKS 2 DAYS +1 WEEK. FOETAL CARDIAC ACTIVITY VISUALISED. EDD: 17/03/2024 LEFT ADNEXA SHOWS A CYST OF SIZE 2.7 X 2.2 CM has been enumerated. v. That during the course of investigation the victim’s mother Radha joined the investigation and presented a caste certificate registration no. SC/2019/1821 dated 19.11.2019 pertaining victim, according to which the victim gi the weaver caste. The weaver caste comes under the SC category, which has been taken into police custody as evidence. Section 3 SC/ST Act was added in the case on 06.09.2023. The caste certificate is annexed herewith as Annexure R-4. vi. That thereafter, investigation of the case was carried out by Mrs. Monika, Assistant Police Commissioner, Women Security, Faridabad. During the investigation, the caste certificate number SC/2019/1821 dated 19.11.2019 of the victim girl Suhani was verified 16.09.2023. vii. That as per the direction of CWC, abortion of the victim was conducted from BKH Faridabad and the foetus was sent to FSL/RFSL No. 23/FSLMBN/2309224362 was submitted to 4- That during the course of investigation, UPT/USG test of the victim was conducted from BKH Faridabad. The UPT the victim was found positive. In the report, AN SAC WITH YOLK SOG WITH FOETAL NODE OF CRL 59.5 MM CORRESPONDING TO GAGE OF 12 WEEKS 2 DAYS +1 WEEK. FOETAL CARDIAC ACTIVITY VISUALISED. EDD: 17/03/2024 LEFT ADNEXA SHOWS A 2.2 CM has been enumerated. That during the course of investigation the victim’s mother Radha joined the investigation and presented a caste certificate registration no. SC/2019/1821 dated 19.11.2019 pertaining victim, according to which the victim girl belongs to the weaver caste. The weaver caste comes under the SC category, which has been taken into police custody as evidence. Section 3 SC/ST Act was added in the case on 06.09.2023. The caste certificate is annexed herewith as hat thereafter, investigation of the case was carried out by Mrs. Monika, Assistant Police Commissioner, Women Security, Faridabad. During the investigation, the caste certificate number SC/2019/1821 dated 19.11.2019 of the victim girl Suhani was verified by Tehsildar Ballabgarh on That as per the direction of CWC, abortion of the victim was conducted from BKH Faridabad and the foetus was sent to FSL/RFSL No. 23/FSLMBN/2309224362 was submitted to That during the course of investigation, UPT/USG test of the victim was conducted from BKH Faridabad. The UPT the victim was found positive. In the report, AN SAC WITH YOLK SOG WITH FOETAL NODE OF CRL 59.5 MM CORRESPONDING TO GAGE OF 12 WEEKS 2 DAYS +1 WEEK. FOETAL CARDIAC ACTIVITY VISUALISED. EDD: 17/03/2024 LEFT ADNEXA SHOWS A That during the course of investigation the victim’s mother Radha joined the investigation and presented a caste certificate registration no. SC/2019/1821 dated 19.11.2019 rl belongs to the weaver caste. The weaver caste comes under the SC category, which has been taken into police custody as evidence. Section 3 SC/ST Act was added in the case on 06.09.2023. The caste certificate is annexed herewith as hat thereafter, investigation of the case was carried out by Mrs. Monika, Assistant Police Commissioner, Women Security, Faridabad. During the investigation, the caste certificate number SC/2019/1821 dated 19.11.2019 of the by Tehsildar Ballabgarh on That as per the direction of CWC, abortion of the victim was conducted from BKH Faridabad and the foetus was sent to FSL/RFSL No. 23/FSLMBN/2309224362 was submitted to GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 1028-2026 -5 Madhuban on 22.09.2023, during the investig the date of birth of the victim girl was verified on 19.09.2023 from Municipal Corporation NIT Faridabad under number 569 dated 03.02.2009. viii. viii. That Amit Kumar, son of Shri Madanlal, resident of village Balikavas, Post Gaurai Block Go Iglas, District Aligarh, was found to be hiding and helping the named accused Ramdarshan, son of Madanlal, resident of village Balikavas, post Gaurai Block Goda, police station Iglas, district Aligarh, by giving him money, hence section also added. ix. That during the investigation on 18.04.2024, accused Amit Kumar, son of Shri Madanlal, resident of village Balikavas, Post Gaurai, Block Goda, Police Station Iglas, District Aligarh, was arrested on finding the sufficient evidence. During the course of interrogation, he suffered his disclosure statement vide which he admitted his involvement in commission of the said crime and got recovered a mobile phone with mark Infinix SMART 7, Moidel Infinix X 6517, sky blue in colour. x. That during the course of investigation of the case, on 11.04.2025, the accused Ramdarshan alias Ram alias Lalua son of Gadal, resident of village Balikavas, Post Gaurai, block Goda, police station Iglas, district Aligarh, finding the sufficient evidence. During the course of interrogation he suffered his disclosure statement vide which he 5- Madhuban on 22.09.2023, during the investigation of this case, the date of birth of the victim girl was verified on 19.09.2023 from Municipal Corporation NIT Faridabad under number 569 That Amit Kumar, son of Shri Madanlal, resident of village Balikavas, Post Gaurai Block Goda, police station Iglas, District Aligarh, was found to be hiding and helping the named accused Ramdarshan, son of Madanlal, resident of village Balikavas, post Gaurai Block Goda, police station Iglas, district Aligarh, by giving him money, hence section 212 was That during the investigation on 18.04.2024, accused Amit Kumar, son of Shri Madanlal, resident of village Balikavas, Post Gaurai, Block Goda, Police Station Iglas, District Aligarh, was arrested on finding the sufficient During the course of interrogation, he suffered his disclosure statement vide which he admitted his involvement in commission of the said crime and got recovered a mobile phone with mark Infinix SMART 7, Moidel Infinix X 6517, sky blue in That during the course of investigation of the case, on accused Ramdarshan alias Ram alias Lalua son of Gadal, resident of village Balikavas, Post Gaurai, block Goda, police station Iglas, district Aligarh, was arrested cient evidence. During the course of interrogation he suffered his disclosure statement vide which he ation of this case, the date of birth of the victim girl was verified on 19.09.2023 from Municipal Corporation NIT Faridabad under number 569 That Amit Kumar, son of Shri Madanlal, resident of da, police station Iglas, District Aligarh, was found to be hiding and helping the named accused Ramdarshan, son of Madanlal, resident of village Balikavas, post Gaurai Block Goda, police station Iglas, 212 was That during the investigation on 18.04.2024, accused Amit Kumar, son of Shri Madanlal, resident of village Balikavas, Post Gaurai, Block Goda, Police Station Iglas, District Aligarh, was arrested on finding the sufficient During the course of interrogation, he suffered his disclosure statement vide which he admitted his involvement in commission of the said crime and got recovered a mobile phone with mark Infinix SMART 7, Moidel Infinix X 6517, sky blue in That during the course of investigation of the case, on accused Ramdarshan alias Ram alias Lalua son of Gadal, resident of village Balikavas, Post Gaurai, block on cient evidence. During the course of interrogation he suffered his disclosure statement vide which he GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 1028-2026 -6 admitted his involvement in commission of the said crime and he got demarcated the place of occurrence and got prepared a scale site plan in pursuance of custody certificate is annexed as Annexure R xi. That during the course of investigation of the case, the sexual medical of the accused Ramdarshan alias Ram alias Lalua son of Gadal, resident of village Balikavas, Post Ga block Goda, police station Iglas, district Aligarh, was conducted at BKH Faridabad and medical officer handed over DNA sample of the accused Ramdarshan for testing and the report FSL/RFSL No. 23/FSLMBN/2309224362 dated 12.09.2025 was received and sam Annexure R-6 and as per the report the foetus is the biological related with the blood sample of accused. xii. That during the course of investigation, no involvement of Kamlesh wife of Rampal resident of Chhatarpur, Delhi has been found in hiding or helping the accused Ramdarshan. xiii. That on completion of the investigation challan was prepared and submitted before the Ld. Illaqua Magistrate on 26.05.2025. xiv. That the prosecutrix is a minor accused has committed aggravated penetrative sexual assault upon her. The prosecutrix became pregnant and her pregnancy was got terminated. The consent of the minor is not a valid consent. 6- admitted his involvement in commission of the said crime and he got demarcated the place of occurrence and got prepared a scale site plan in pursuance of the disclosure statement. His custody certificate is annexed as Annexure R-5. That during the course of investigation of the case, the sexual medical of the accused Ramdarshan alias Ram alias Lalua son of Gadal, resident of village Balikavas, Post Gaurai, block Goda, police station Iglas, district Aligarh, was conducted at BKH Faridabad and medical officer handed over DNA sample of the accused Ramdarshan for testing and the report FSL/RFSL No. 23/FSLMBN/2309224362 dated 12.09.2025 was received and same is annexed herewith as 6 and as per the report the foetus is the biological related with the blood sample of accused. That during the course of investigation, no involvement of Kamlesh wife of Rampal resident of Chhatarpur, Delhi has n found in hiding or helping the accused Ramdarshan. That on completion of the investigation challan was prepared and submitted before the Ld. Illaqua Magistrate on That the prosecutrix is a minor girl and applicant/ itted aggravated penetrative sexual assault upon her. The prosecutrix became pregnant and her pregnancy was got terminated. The consent of the minor is not a valid admitted his involvement in commission of the said crime and he got demarcated the place of occurrence and got prepared a the disclosure statement. His That during the course of investigation of the case, the sexual medical of the accused Ramdarshan alias Ram alias urai, block Goda, police station Iglas, district Aligarh, was conducted at BKH Faridabad and medical officer handed over DNA sample of the accused Ramdarshan for testing and the report FSL/RFSL No. 23/FSLMBN/2309224362 dated e is annexed herewith as 6 and as per the report the foetus is the biological That during the course of investigation, no involvement of Kamlesh wife of Rampal resident of Chhatarpur, Delhi has That on completion of the investigation challan was prepared and submitted before the Ld. Illaqua Magistrate on girl and applicant/ itted aggravated penetrative sexual assault upon her. The prosecutrix became pregnant and her pregnancy was got terminated. The consent of the minor is not a valid GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 3. learned Additional Sessions Judge, Fast Track Special Court ( Faridabad. After the dismissal of his 3 06.03.2026, 4. about 22 years, with clean past antecedents, has been the present case complainant, Victim or her family members would have initiated criminal proceedings against appellant way back in 2022 when allegedly he (A) had 1028-2026 -7 xv. That the accused Ramdarshan @ Ram @ Lalua is the main perpetrator of the offe acquaintance with the minor prosecutrix and lured her on the false assurance of marriage, thereby repeatedly committing aggravated penetrative sexual assault upon her. The material collected during investigation, includin prosecutrix recorded under Section 164 Cr.P.C., and the medical evidence, unequivocally establishes the active and direct involvement of the accused in the commission of the offence, which resulted in the pregnancy of the minor victi and its subsequent termination. It is further pertinent that the accused remained evasive and was arrested only after considerable delay, reflecting his conduct of absconding and evading the due process of law. In view of the heinous nature of the offe the minor victim, and the statutory bar under the POCS where consent of a minor is immaterial.” Appellant-accused filed successive bail applications before the learned Additional Sessions Judge, Fast Track Special Court ( Faridabad. After the dismissal of his 3rd 06.03.2026, the present appeal has been filed. Learned counsel for the appellant contends that about 22 years, with clean past antecedents, has been the present case. Had there been substance in the allegations levelled by complainant, Victim or her family members would have initiated criminal proceedings against appellant way back in 2022 when allegedly he (A) had 7- That the accused Ramdarshan @ Ram @ Lalua is the main perpetrator of the offence, who deliberately established acquaintance with the minor prosecutrix and lured her on the false assurance of marriage, thereby repeatedly committing aggravated penetrative sexual assault upon her. The material collected during investigation, including the statement of the prosecutrix recorded under Section 164 Cr.P.C., and the medical evidence, unequivocally establishes the active and direct involvement of the accused in the commission of the offence, which resulted in the pregnancy of the minor victi and its subsequent termination. It is further pertinent that the accused remained evasive and was arrested only after considerable delay, reflecting his conduct of absconding and evading the due process of law. In view of the heinous nature of the offence, the vulnerability of the minor victim, and the statutory bar under the POCSO where consent of a minor is immaterial.” accused filed successive bail applications before the learned Additional Sessions Judge, Fast Track Special Court (POCSO), rd bail application vide order dated present appeal has been filed. Learned counsel for the appellant contends that, appellant aged about 22 years, with clean past antecedents, has been falsely implicated in . Had there been substance in the allegations levelled by complainant, Victim or her family members would have initiated criminal proceedings against appellant way back in 2022 when allegedly he (A) had That the accused Ramdarshan @ Ram @ Lalua is the nce, who deliberately established acquaintance with the minor prosecutrix and lured her on the false assurance of marriage, thereby repeatedly committing aggravated penetrative sexual assault upon her. The material g the statement of the prosecutrix recorded under Section 164 Cr.P.C., and the medical evidence, unequivocally establishes the active and direct involvement of the accused in the commission of the offence, which resulted in the pregnancy of the minor victim and its subsequent termination. It is further pertinent that the accused remained evasive and was arrested only after considerable delay, reflecting his conduct of absconding and nce, the vulnerability of Act accused filed successive bail applications before the POCSO), bail application vide order dated , appellant aged falsely implicated in . Had there been substance in the allegations levelled by complainant, Victim or her family members would have initiated criminal proceedings against appellant way back in 2022 when allegedly he (A) had GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 violated perso Multispeciality Health Centre the hospital for treatment was 12 weeks’ pregnant, the police officials arrived at the hospital, where they met the then moved a complaint been noted in para 2 of this order) further as per learned counsel is apparent from the fact that Victim when appeared in the witness box as PW2, she herself was ever committed by accused with her at any point in time as also that she and accused are emotionally attached and in love relationship, further that two of them would get married as soon age.” Later was allowed to maintained any physical relations on the promise of marriage. Further during her cross light upon familial father had expressed his desire to get her married to appellant but on account of medical issues (Renal Pr not be taken. She further added that the elders of the family had finalized their marriage. seeking approval of the family members, the vict constantly meeting each other. Family members were aware but they did not check her/stop her. SC/ST Act allegedly f 1028-2026 -8 violated person of victim. Only after receiving information from Multispeciality Health Centre that a minor girl, who had been admitted in the hospital for treatment was 12 weeks’ pregnant, the police officials arrived at the hospital, where they met the moved a complaint levelling baseless allegations (which have already been noted in para 2 of this order). Falsity of the case set up by complainant, further as per learned counsel is apparent from the fact that Victim when ed in the witness box as PW2, she herself was ever committed by accused with her at any point in time as also that she and accused are emotionally attached and in love relationship, further that two of them would get married as soon Later, after she was declared Hostile was allowed to be cross-examined her, she maintained any physical relations on the promise of marriage. Further during her cross-examination by learned counsel for the accused, she threw light upon familial relations between the two of them father had expressed his desire to get her married to appellant but on account medical issues (Renal Problem) being faced by him, necessary steps could not be taken. She further added that the elders of the family had finalized their marriage. It is further the submission of learned counsel that only after seeking approval of the family members, the vict constantly meeting each other. Family members were aware but they did not check her/stop her. Further, from the facts of the case, no offence under the SC/ST Act is made out, there being nothing to suggest that appellant allegedly forced himself on Victim, deliberately knowing that she was from 8- n of victim. Only after receiving information from V-Care minor girl, who had been admitted in the hospital for treatment was 12 weeks’ pregnant, the police officials arrived at the hospital, where they met the ‘Victim’ and her mother, who levelling baseless allegations (which have already Falsity of the case set up by complainant, further as per learned counsel is apparent from the fact that Victim when ed in the witness box as PW2, she herself deposed that “no wrong was ever committed by accused with her at any point in time as also that she and accused are emotionally attached and in love relationship, further that two of them would get married as soon as she attains the marriageable ostile on the request of learned PP and he clarified that appellant had never maintained any physical relations on the promise of marriage. Further examination by learned counsel for the accused, she threw between the two of them and added that her father had expressed his desire to get her married to appellant but on account being faced by him, necessary steps could not be taken. She further added that the elders of the family had finalized It is further the submission of learned counsel that only after seeking approval of the family members, the victim and appellant were constantly meeting each other. Family members were aware but they did not Further, from the facts of the case, no offence under the is made out, there being nothing to suggest that appellant orced himself on Victim, deliberately knowing that she was from Care minor girl, who had been admitted in the hospital for treatment was 12 weeks’ pregnant, the police officials and her mother, who levelling baseless allegations (which have already Falsity of the case set up by complainant, further as per learned counsel is apparent from the fact that Victim when “no wrong was ever committed by accused with her at any point in time as also that she and accused are emotionally attached and in love relationship, further that as she attains the marriageable and that appellant had never maintained any physical relations on the promise of marriage. Further, examination by learned counsel for the accused, she threw that her father had expressed his desire to get her married to appellant but on account being faced by him, necessary steps could not be taken. She further added that the elders of the family had finalized It is further the submission of learned counsel that only after im and appellant were constantly meeting each other. Family members were aware but they did not Further, from the facts of the case, no offence under the is made out, there being nothing to suggest that appellant orced himself on Victim, deliberately knowing that she was from GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 a particular community. While relying upon judgment of Bombay High Court in learned counsel contends that ocular version is to be the medical version. the wake of both victim and her mother having been examined, lenient view deserves to be taken in favour of the appellant, who was arrested on 11.4.2025, as the prospect of trial being concluded in the near further is quite remote, for out of 22 prosecution witnesses When viewed in the factual scenario of the case in hand, further incarceration of appellant would not of India, principle Prayer for 4. State counsel the victim immaterial. appellant. levelled as proved from appellant that if granted the process 1028-2026 -9 a particular community. While relying upon judgment of Bombay High Court in Suresh v. State of Maharashtra, 2023(2) AIR Bom learned counsel contends that ocular version is to be the medical version. The next leg of submission raised by learned counsel is that in the wake of both victim and her mother having been examined, lenient view deserves to be taken in favour of the appellant, who was arrested on .4.2025, as the prospect of trial being concluded in the near further is quite remote, for out of 22 prosecution witnesses When viewed in the factual scenario of the case in hand, further incarceration of appellant would not serve any useful purpose as the same not only be violative of his rights under including right to speedy trial of “Bail is a general rule and for allowing the appeal has been made. Per contra, while opposing the counsel accompanied by learned counsel victim being minor less than 18 years immaterial. Moreover, the DNA Report appellant. Further, in view of the seriousness as also the fact that victim was from the DNA Report), no case is made out. It is further the submission granted the concession of bail, the likelihood process of justice by not appearing in 9- a particular community. While relying upon judgment of Bombay High Suresh v. State of Maharashtra, 2023(2) AIR BomR (Cri) 340 learned counsel contends that ocular version is to be given primacy vis-à- The next leg of submission raised by learned counsel is that in the wake of both victim and her mother having been examined, lenient view deserves to be taken in favour of the appellant, who was arrested on .4.2025, as the prospect of trial being concluded in the near further is quite remote, for out of 22 prosecution witnesses, 20 still remain to be examined. When viewed in the factual scenario of the case in hand, further ot serve any useful purpose as the same under Article 21 of the Constitution trial but would also be against and incarceration is an exception”. made. the request for grant of bail, learned counsel for complainant contend that years of age, her consent is totally Report clinches the issue against seriousness and gravity of allegations found pregnant (which fact stands for grant of concession of bail submission of learned State counsel likelihood of appellant fleeing from in Court and overawing complainant a particular community. While relying upon judgment of Bombay High (Cri) 340, -vis The next leg of submission raised by learned counsel is that in the wake of both victim and her mother having been examined, lenient view deserves to be taken in favour of the appellant, who was arrested on .4.2025, as the prospect of trial being concluded in the near further is quite 20 still remain to be examined. When viewed in the factual scenario of the case in hand, further ot serve any useful purpose as the same Constitution the ption”. learned that totally the allegations stands bail to counsel from complainant GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 and related Dismissal 5. documents 6. Court. Factors have been essence being materia to various para and gravity convicted formula for peculiar facts. SCC 40, had held as under: 1028-2026 -10 related witnesses, who have not been Dismissal of appeal has been prayed for. Heard learned counsel for documents on record. It is settled that grant or refusal Factors to be kept in mind while been discussed by the Hon’ble Supreme being that while exercising powers to Section 483 of BNSS), the Court para meters including the nature of gravity of offence, punishments to convicted, his past antecedents etc. Thus, for exercising the discretion and each facts. Hon’ble Supreme Court in Sanjay Chandra v. CBI, (2012) 1 had held as under:- “21. In bail applications, generally, it has been laid down from the earliest times that the ob appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure t person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 10- been examined till date is quite high. the parties and have perused refusal of bail is the discretion of while granting the concession of bail Supreme Court in several cases. The powers under Section 439 Cr.P.C. (Pari Court has to take into consideration of the charge, evidence, seriousness be awarded to a person, if he Thus, there can be no straight jacket each case has to be examined on Sanjay Chandra v. CBI, (2012) 1 In bail applications, generally, it has been laid down times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a it can be required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. high. the the bail The Pari deration seriousness he is jacket on its Sanjay Chandra v. CBI, (2012) 1 In bail applications, generally, it has been laid down ject of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a hat an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 to the judgment Madhya Sharma Vs. State of Maharashtra as follows: 1028-2026 -11 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some un convicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, `necessity' is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if liberty, save in the most extraordinary circumstances. 23. Apart from the question of prevent a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct wheth accused has been convicted for it or not or to refuse bail to an un-convicted person for the purpose of giving him a taste of imprisonment as a lesson.” Further, Bombay High Court judgments of Hon’ble Supreme Court Pradesh, 2023(2) SCC 353 Sharma Vs. State of Maharashtra, (2005) 5 SCC 294 follows:- 11- earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some un convicted persons should be held in custody pending trial to nce at the trial but in such cases, `necessity' is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an convicted person for the purpose of giving him a taste of Court in Suresh’s case (supra) referr Court in Manoj and others v. State and Ranjitsing Brahmajeetsing , (2005) 5 SCC 294, wherein, it was held earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some un- convicted persons should be held in custody pending trial to nce at the trial but in such cases, `necessity' is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, has not been convicted or that in any circumstances, he should be deprived of his liberty upon only left at ion being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail er the accused has been convicted for it or not or to refuse bail to an convicted person for the purpose of giving him a taste of referred State of Ranjitsing Brahmajeetsing held GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 1028-2026 -12 “7. Further, the Hon'ble Supreme Court in Vs. State of Madhya Pradesh highlighted the need to ensure quality testing and lesser possibility of tampering with the testing and the report is based on a well developed science and it can lead of a concluded evidence, still it depends upon the extracting of samples, its preservation and ruling out the possibility of tampering. While considerin the series of the decisions, the legal position for DNA profiling report and its probative value are concerned, it is emerging that the prosecution is duty bound to prove all the steps which were taken by the investigating agency right fr blood samples, preservation etc. the Hon'ble Chattisgarh High Court in Yadav Vs. State of ( 13 ) 925 Criminal Appeal No.565 of 2022 decided on 22.02.2023, wherein the account of many decisions on the legal aspect of DNA tests and DNA report has been considered. may also rely on the decision of the Court in Premjibhai Bachubhai Khasiya Vs. State of Gujarat and Another, [2009 Cri.L.J. 2888], wherein it has been held that :- “Positive DNA report can be of great significance, wh there is supporting evidence, depending of course on the strength and quality of that evidence, even if it is positive, it cannot conclusively fix the identity of the miscreant, but, if the report is negative, it would conclusively 12- 7. Further, the Hon'ble Supreme Court in Manoj and others Vs. State of Madhya Pradesh, [(2023 (2) SCC 353)] highlighted the need to ensure quality testing and lesser possibility of tampering with the evidence. No doubt, the DNA testing and the report is based on a well developed science and it can lead of a concluded evidence, still it depends upon the extracting of samples, its preservation and ruling out the possibility of tampering. While considering DNA report from the series of the decisions, the legal position for DNA profiling report and its probative value are concerned, it is emerging that the prosecution is duty bound to prove all the steps which were taken by the investigating agency right from collecting the blood samples, preservation etc. We may rely on the decision of the Hon'ble Chattisgarh High Court in Kisan Lal @ Champa of ( 13 ) 925-apeal-306-2016.odt Chattisgarh, Criminal Appeal No.565 of 2022 decided on 22.02.2023, wherein the account of many decisions on the legal aspect of DNA tests and DNA report has been considered. Further, we may also rely on the decision of the Hon'ble Gujarat High Premjibhai Bachubhai Khasiya Vs. State of Gujarat [2009 Cri.L.J. 2888], wherein it has been held Positive DNA report can be of great significance, wh there is supporting evidence, depending of course on the strength and quality of that evidence, even if it is positive, it cannot conclusively fix the identity of the miscreant, but, if the report is negative, it would conclusively Manoj and others , [(2023 (2) SCC 353)], highlighted the need to ensure quality testing and lesser evidence. No doubt, the DNA testing and the report is based on a well developed science and it can lead of a concluded evidence, still it depends upon the extracting of samples, its preservation and ruling out the g DNA report from the series of the decisions, the legal position for DNA profiling report and its probative value are concerned, it is emerging that the prosecution is duty bound to prove all the steps which om collecting the We may rely on the decision of Kisan Lal @ Champa 2016.odt Chattisgarh, Criminal Appeal No.565 of 2022 decided on 22.02.2023, wherein the account of many decisions on the legal aspect of Further, we Hon'ble Gujarat High Premjibhai Bachubhai Khasiya Vs. State of Gujarat [2009 Cri.L.J. 2888], wherein it has been held Positive DNA report can be of great significance, where there is supporting evidence, depending of course on the strength and quality of that evidence, even if it is positive, it cannot conclusively fix the identity of the miscreant, but, if the report is negative, it would conclusively GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 7. also in view appellant, prejudice the case in concession 1028-2026 -13 exonerate the accused from the involvement of charge. The science of DNA is at a developing stage and when the Random Occurrence Ratio is not available for Indian Society, it would be risky to act solely on a positive DNA report, because only if the DNA profile of the accused matches with the foetus, it cannot be considered as a conclusive proof of paternity. Contrarily, if it is solitary piece of evidence with negative result, it would conclusively exclude the possibility of involvement of the accused in the offence. The posi be therefore accepted by the trial Court in isolation, i.e. as sole piece of evidence to record the conviction of accused under Sections 376 ( 14 ) 925-apeal-306-2016.odt 8. Further, reliance can be placed on the decision of the Hon'ble Supreme Court in Ranjitsing Brahmajeetsing Sharma Vs. State of Maharashtra, [(2005) 5 SCC 294], wherein it has been held that :- “DNA evidence may have a great significance where there is supporting evidence, dependent, of course, on the strength of that evidence. ........in every case one has to put the DNA evidence in context of the rest of the evidence and decide whether taken as a whole it does amount to a prima facie case. Keeping in view the referred view of the submissions advanced , but without adverting to the the trial, this Court is of the opinion in hand, appellant who is in custody concession of bail as the issue of relative 13- d from the involvement of charge. The science of DNA is at a developing stage and when the Random Occurrence Ratio is not available for Indian Society, it would be risky to act solely on a positive DNA report, because only if the DNA profile of the accused matches with the foetus, it cannot be considered as a conclusive proof of paternity. Contrarily, if it is solitary piece of evidence with negative result, it would conclusively exclude the possibility of involvement of the accused in the offence. The positive DNA report cannot be therefore accepted by the trial Court in isolation, i.e. as sole piece of evidence to record the conviction of Sections 376, 366 of Indian Penal Code" 2016.odt Further, reliance can be placed on the decision of the Ranjitsing Brahmajeetsing Sharma , [(2005) 5 SCC 294], wherein it has DNA evidence may have a great significance where there is supporting evidence, dependent, of course, on the strength of that evidence. ........in every case one has to put the DNA evidence in context of the rest of the evidence and decide whether taken as a whole it does amount to a prima facie case.” referred law as mentioned hereinabove advanced by learned counsel for the merits of the case, lest it may opinion that in the factual scenario custody since 11.4.2025, deserves relevance of FSL/medical evidence d from the involvement of charge. The science of DNA is at a developing stage and when the Random Occurrence Ratio is not available for Indian Society, it would be risky to act solely on a positive DNA report, because only if the DNA profile of the accused matches with the foetus, it cannot be considered as a conclusive proof of paternity. Contrarily, if it is solitary piece of evidence with negative result, it would conclusively exclude the possibility of involvement of the tive DNA report cannot be therefore accepted by the trial Court in isolation, i.e. as sole piece of evidence to record the conviction of of Indian Penal Code" Further, reliance can be placed on the decision of the Ranjitsing Brahmajeetsing Sharma , [(2005) 5 SCC 294], wherein it has DNA evidence may have a great significance where there is supporting evidence, dependent, of course, on the ........in every case one has to put the DNA evidence in the context of the rest of the evidence and decide whether ” hereinabove as the may scenario of the evidence GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 vis-à-vis ocular both the parties 8. to his furnishing Court/Duty Magistrate concerned. The appellant shall abide by the following conditions: 1028-2026 -14 ocular version would be appreciat parties lead their evidence. Resultantly, appellant is granted the concession of bail subject to his furnishing bail/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The appellant shall abide by the following conditions:- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ prosecution witnesses. (iii) The appellant shall surrender his passport before the learned trial Court and shall not leave the country without prior permission of the trial Court. (iv) The appellant shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The appellant shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The appellant shall not in any manner misuse his liberty. (vii) The appellant shall furnish his address and mobile number to the Trial Court forthwi same till the conclusion of the trial and in case for any reason, the appellant seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. (viii) The appellant will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. 14- appreciated by the learned trial court after Resultantly, appellant is granted the concession of bail subject bail/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The appellant shall abide by the following The appellant will not tamper with the evidence during The appellant will not pressurize/ intimidate the The appellant shall surrender his passport before the learned trial Court and shall not leave the country without prior permission of the trial Court. The appellant shall not commit an offence similar to the offence of which, he is an accused, or for commission of which The appellant shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the The appellant shall not in any manner misuse his liberty. The appellant shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the appellant seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. The appellant will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of after Resultantly, appellant is granted the concession of bail subject bail/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The appellant shall abide by the following The appellant will not tamper with the evidence during intimidate the The appellant shall surrender his passport before the learned trial Court and shall not leave the country without The appellant shall not commit an offence similar to the offence of which, he is an accused, or for commission of which The appellant shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the disclosing such facts to the Court or to any police officer or tamper with the The appellant shall not in any manner misuse his liberty. The appellant shall furnish his address and mobile th and shall not change the same till the conclusion of the trial and in case for any reason, the appellant seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial The appellant will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document CRA-S-1028 9. that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the appellant by this order. 10. herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. 01.05.2026 gbs 1028-2026 -15 (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the appellant Accordingly, the present appeal is allowed and it is made clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the appellant by this order. In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. 01.05.2026 Whether Speaking/reasoned Whether Reportable 15- The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the appellant Accordingly, the present appeal is allowed and it is made clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the appellant by this order. above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the appellant. Accordingly, the present appeal is allowed and it is made clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the appellant by this order. above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed ADHNA SAWHNEY) GURBACHAN SINGH 2026.05.06 14:35 I attest to the accuracy and integrity of this document