Pankaj Kumar Vs The State (BAIL APPLN. 1343/2021) - Synopsis
Team SoOLEGAL 7 May 2021

In this case, Pankaj Kumar Vs The State (BAIL APPLN. 1343/2021), the Delhi High Court while hearing a bail application charged under Section 323, 341 and 354 of Indian Penal Code, 1860, along with Section 8 of POCSO Act, gave notice to the State and had asked a response on whether Section 7 read with Section 8 of the POCSO Act applies even though there is no sexual harassment or sexual intent on the part of the accused. According to the petitioner, the provisions of POCSO Act, were not applicable in this present case because there was no sexual harassment or sexual assault committed by the applicant. The counsel for the Applicant had also requested that the Hon'ble High Court, as the custodian of citizens' fundamental rights against the unconstitutional acts of the state, lay down guidelines or pass necessary directions to ensure that the provisions of the POCSO Act are not misapplied.
After hearing the extensive submissions made by the Applicant's counsel, the Hon'ble High Court issued a notice to the State with the order to file a status report in the matter. 


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