HIGH COURT OF ORISSA
STATE OF ODISHA
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S.K. Panigrahi,J. -
(1.) "Abuse is never contained to a present moment, it lingers across a person's lifetime and has pervasive long-term ramifications" penned down by the author Lorraine Nilon who has explored plight of child sexual abuse as a matter of great concern, articulates the predicament of the matter-at-hand. A crime of such heinous intent and grave nature needs to be punished with a stringent law that comprehends the intricacies of the situation. Plethora of judgments by the Apex Court has succinctly held that the POCSO Act has been framed to protect the children from the sexual assault, harassment and exploitation, and to secure the best interest of the child. The Act recognizes the necessity of the right to privacy and confidentiality of a child to be protected and respected by every person by all means and through all stages of a judicial process involving the child.
(2.) Blapl No.5656 of 2020 and BLAPL No.5888 of 2020 being similar in facts, nature of offence committed and the involvement of the same person, hence both are heard analogously and taken up together for disposal by this common judgment.
(3.) The petitioner has filed the instant application under Section 439 of CrPC seeking bail in connection with Fatehgarh P.S. Case No.85 of 2018 corresponding to T.R. Case No.63 of 2018 pending before the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 342 and 376(AB) of I.P.C. read with Section 10 of the POCSO Act.;
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