Code of Criminal Procedure, 1973–Sec. 439 [Corresponding Sec. 483 of BNSS, 2023]–Penal Code, 1860–Secs. 363, 366, 342 & 376–Protection of Children from Sexual Offences Act, 2012–Sec. 3/4–Bail–Entitlement–Petitioner is the husband of victim’s mother’s sister–Contradiction in the statements of the victim are of minor nature and do not carry significant weight–Seriousness of the offence, particularly given the involvement of a familial relationship, makes the crime graver and warrants stricter consideration–The POCSO Act creates a presumption of guilt once the victim’s testimony is found credible–Declined to grant the bail.
