Courts Update SC rejects bail plea of rape accused

SC rejects bail plea of rape accused


New Delhi, Jun 29 (ILNS) The Supreme Court today dismissed the bail plea filed by a man accused of raping a 14-year-old minor girl.

A three-Judge bench headed by Justice DY Chandrachud, Justice R Subash Reddy and Justice S Ravindra Bhat has dismissed the plea.

Counsel for the accused submitted that petitioner has been roped in as accused as his sister had filed a complaint against one called ‘Monu’ who is know to prosecutrix and roped the petitioner just to take revenge and the relationship between him and prosecutrix was consensual.

Justice S Ravindra Bhat replied, She is 14 where is the question of Consent, Mr Jain?

The Court was hearing the petition filed by a man seeking bail for the alleged offence punishable under Section 376/506 Indian Penal Code & 4 POCSO Act.

The Petition before the Supreme Court is filed against the order of Delhi High Court which had dismissed his bail plea earlier on March 4, 2020. The Delhi High Court had said that in view of the allegation levelled against the petitioner which are very grave in nature and further keeping in mind the age of the victim prosecutrix and further in view of the fact that even threat was extended to the victim, no ground for bail are made out at this stage.

The High Court had noted that the present case was registered on the complaint of complainant ‘S’, who is the mother of the prosecutrix ‘K’ wherein she alleged that her neighbour Gulshan i.e. the petitioner took her daughter to the room of his friend co- accused Firoz in July 2018 where he forcefully made physical relations with her daughter and threatened to kill her brother, if she tells anyone about the incident. When she came to know about the incident that has happened with her daughter, she filed the complaint. Statement of the complainant i.e. mother of the victim u/s 164 Cr.PC was recorded wherein she corroborated the FIR and also stated that the mother and sister of the petitioner were well conversant of what the petitioner had done to the victim.

“In her statement recorded u/s. 164 CrPC, the victim has categorically stated that petitioner had taken her to his friend’s house (Firoz) at Daya Basti. The petitioner had taken the keys from Firoz who had thereafter left the house. Thereafter, the petitioner had removed her Salwar and committed sexual intercourse with her. Thereafter petitioner threatened the victim that if she discloses anything to anyone, her brother would be killed and she would be defamed. The victim had stopped going to the school and revealed everything to her mother. The victim has submitted that petitioner is still threatening her on phone and also compelling her for marriage. His mother and sister are also building pressure for marriage,” noted by the High Court in its bail dismissal order.

In the plea by the petitioner/ accused he has alleged that there is a CD which is with the investigating agency in which there is a conversations between him and the prosecutrix where in it was categorically mentioned by the victim that there was no rape. The High Court also took note of that contention of the accused petitioner but denied by taking into account that there is another CD in which it was revealed by the petitioner that he has done everything. However, the High Court had mentioned in its order that authenticity of those will be analyse during the trial. Following which the High Court had denied him giving the bail. ILNS/RJ


Please enter your comment!
Please enter your name here

Latest news

Rotary and Tata Trusts to collaborate in Cancer care, Covid care, Nutrition, Rural Uplift Livelihoods, to supplement efforts towards strengthening the nation

New Delhi, July 14 (ILNS) The Tata Trusts and Rotary today announced a five-year collaboration to scale...

Bar Council of Delhi distributed more than Rs 19 crore to lawyers during lockdown: BCD Chairman Ramesh Gupta

New Delhi, Jul 14 (ILNS) The Bar Council of Delhi is reaching out to the lawyers, who...

NGT flays Haryana over sewage overflow on National Highway-19

New Delhi, Jul 14 (ILNS) The National Green Tribunal has pulled up the state of Haryana over...

SC issues notice to UP govt for going ahead with Kanwar Yatra, amid COVID-19 pandemic

New Delhi, Jul 14 (ILNS) The Supreme Court today took suo motu cognisance and issued notice to the Uttar...

Government decision is unconstitutional, SC strikes down Tribunal Reforms Ordinance,2021

New Delhi, Jul 14 (ILNS) The Supreme Court today struck down the provisions of the Tribunal Reforms...

AP knocks SC doors over illegal use of water from inter-state irrigation projects

New Delhi, Jul 14 (ILNS) The state of Andhra Pradesh has filed a petition before the Supreme Court to...

Must read

You might also likeRELATED
Recommended to you