Title: Deepak Prakash Singh @ Deepak Singh v. State of UP and Another.
Decided on October 13, 2023.
Case N0. Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10246 of 2003.
CORUM: HON’BLE JUSTICE SHEKHAR KUMAR YADAV.
Introduction
In the present case the bail application has been filed by petitioner and seeking the anticipatory bail in case crime no. 0139 of 2023, U/S 354, 376 of IPC and Section 7 and 8 of POCSO Act, and U/S 3(2)(Va) of SC/ST Act. Single bench of the Hon’ble Justice Shekhar Kumar Yadav of the Hon’ble Allahabad High court observed that when the accused is charged under SC/ST and POCSO Act then the POCSO Act will prevail over the SC/ST Act and the anticipatory bail plea of petitioner is maintainable under the Section 438 of Cr. P. C. Observing the facts and circumstances of the present case the Hon’ble High Court rejected the present bail plea of the accused.
Facts of the case.
The accused is teacher by profession and molested the minor and retarded girl of SC/ST community when she was going to bring water for her father, the accused dragged her in his house and molested her without the consent of the victim. The informant who is a father of the victim lodged an FIR on dated 27.07.2023 U/S 354 of IPC and U/S 7 and 8 of POCSO Act, and U/S 3(2)(Va) of SC/ST Act. The statement of victim recorded U/S 161 and 164 of Cr. P. C. Section 376 has been also added in the present FIR.
Courts observation
A preliminary objection has been raised by learned AGA as well as learned counsel for the informant with regard to the maintainability of the instant anticipatory bail application of the accused under the Section 438 of Cr. P. C. by virtue of bar contained under Section 18 and 18A of SC/ST Act and Section 438(6) of cr. P. C. The Hon’ble High Court relied on judgements given by The Hon’ble Apex Court of India, in the case Prithivi Raj Chauhan V. Union of India and Others; (2020) 4 SCC 727, and Rinku V. State of UP. The POCSO Act will prevail over the SC/ST Act, whenever an offence committed under both the Act. In the case of Sharat Babu Digumati V. Govt. of NCT of Delhi, 2017 (I) PLJR (SC) 382. The Hon’ble Court observed that when two special statutes which contain non obstance clause the later will prevail. The Hon’ble Court also took into account and said that teacher play very important role in society making and is respectable profession, if such type of heinous crime and offences will be committed by teachers, the this will created havoc and chaos and fear in the minds of students and children and the society will ruin, such perpetrators should not go unpunished and must get the just punishment from the court of law to curb the crime in the society.
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Written by: Aamir Hussain.
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