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Supreme Court of India 2022-01-04 dismissed

Makhan Barman vs State of Assam

Bench: 1 — <UNKNOWN>

In Brief

This judgment concerns an application for pre-arrest bail by an accused charged with committing sexual offences against a child under Sections 376/511 IPC read with Section 8 of the POCSO Act. The Supreme Court examined the case diary, including the victim's statement recorded under Section 164 CrPC and the victim's mother's corroborating testimony given under Section 161 CrPC. Finding that both the victim and the eye-witness mother had unequivocally implicated the petitioner, the Court held that the case did not merit the privilege of pre-arrest bail and dismissed the application.

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Criminal Procedure Pre-arrest Bail Sexual Offences Child Protection Witness Evidence

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