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Supreme Court of India 2025-08-06 allowed

JAMNALAL vs STATE OF RAJASTHAN AND ANOTHER

Bench: 2 — B.V. Nagarathna, K.V. Viswanathan

In Brief

A 14-year-old girl was sexually assaulted by the respondent in June 2023. A Trial Court convicted him under POCSO Act Section 3/4(2) and IPC Section 376(3), imposing 20 years imprisonment. The High Court suspended the sentence and released him on bail, citing lack of external injury, absence of FSL/DNA reports, and implausibility of the victim's account. The Supreme Court set aside the High Court's order, holding that the High Court failed to apply statutory parameters under Section 389 Cr.P.C. and wrongly ignored the prosecutrix's credible testimony. The Court found the High Court's reasoning conjectural and noted the accused's criminal antecedents (11 cases, 5 acquittals). The Court directed the accused to surrender before 30 August 2025.

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Criminal Law POCSO Act Bail and Custody Sexual Offences Criminal Procedure Appellate Practice

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