Case Name : Dharmander Singh @ Saheb v State GNCTD Case Reference: (2020) SCC OnLine Del 1267 : 275 (2020) DLT 49 Neutral Citation: 2020:DHC:2838 Case Number: Bail Appl 1559/2020 Court: Delhi High Court Bench: 01 Coram: Anup Jairam Bhambhani Date: 22.09.2020
Presumption of guilt as under section 29 POCSO kicks in only after charge are framed i.e., once trial begins; and even then foundational facts must be established.
As per right to fair, an important consideration for grant of bail is to allow an accused the liberty to prepare his defence so that the right under Article 21 is real not merely chimerical
To promote public justice, mechanical detention should be demoted
Prosecution commences when the court starts applying its mind regarding the culpability of the accused
Cognisance is taken of the ‘offence’ and not of the ‘offender’
A penal provision, whether substantive or procedural, is susceptible to two interpretations, it must be construed strictly, narrowly and in a manner that is favourable to the accused
Refer also: Moti Ram vs State of MP, (1978) 4 SCC 47; Babu Singh vs State of UP, (1978) 1 SCC 579; Ash Mohammad vs Shiv Raj Singh; Maneka Gandhi vs UOI, (1978) 1 SCC 248; Bhupen Kalita vs State of Assam, 2020 SCC OnLine Gau 2230; Prasad Shrikant Purohit vs State of Maharashtra, (2015) 7 SCC 440; Bijaya Kumar Agarwala vs. State of Orissa, (1996) 5 SCC 1
See also: POCSO - Section 29 Constitution - Article 21 CrPC - Section 439
PDF: Dharmander Singh @ Saheb v State GNCTD, BA 1559-2020 (Del HC).pdf