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Judgment
The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The petitioner says that a grossly belated complaint was lodged by the mother of the alleged victim in January, 2020 relating to certain incidents which apparently commenced in August or September, 2019. The petitioner says that the age of the alleged victim has not been properly ascertained and it cannot be said without doubt that the POCSO Act would be attracted.
According to the petitioner, the best arguable case as evident from the charge-sheet is that the petitioner as a trainer of a rifle academy had accompanied the alleged victim and the victim's mother to Ahemedabad where the petitioner allegedly had sex with the alleged victim and there is a reference to the use of a contraceptive. The petitioner says that in case of rape the accused would scarcely use any contraceptive.
As to the age of the victim, no conclusive pronouncement can be made at this stage. It is the case of the Administration that certified copies of the school's admission register have been obtained and the girl was a minor at the relevant point of time.
Considering that charge-sheet has been filed and the nature of relationship between the petitioner and the alleged victim, the prayer for bail cannot be acceded to. In any event, the trial may be jeopardised if the petitioner leaves the islands after bail is granted at this stage.
C.R.M. 3896 of 2020 and CRAN 2142 of 2020 are disposed of.