Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Maintainability of application—Bar of Section 18 and 18A of the SC/ST Act and Section 438(6) of CrPC—Offences under the SC/ST Act and the POCSO Act are both charged against the applicant—Special Court under the POCSO Act, would have jurisdiction to determine the bail plea in the present crime, where offences under the SC/ST Act are also charged—Further an appeal under Section 14(A) of SC/ST Act, will lie only when the orders granting or refusing bail to an accused is passed by the Special Court or the Exclusive Special Court constituted under the provisions of the SC/ST Act, but in this case the order refusing bail has been passed by the Special Court constituted under the POCSO Act and not by the Special Court under the SC/ST Act, therefore, the objection regarding maintainability of the present anticipatory bail application is not sustainable in the eyes of law and is accordingly overruled.
[Paras 3 & 8]
Section 438—Anticipatory bail—Applicant is accused of raping a minor victim belonging to Scheduled Caste—A heinous crime has been committed with a minor retarded girl aged about 14 years and eight months, by the applicant, who is said to be a teacher—A teacher plays a very important role in shaping the future of their students—Such conduct of teacher would certainly create an atmosphere of fear in the minds of people of society and such perpetrator should not go unpunished and should get just punishment from the courts of law to curb such incidents in future—Anticipatory bail declined.
[Paras 14 & 15]