Gangrape accused denied bail

Source: The Hitavada      Date: 03 Nov 2017 11:21:46

Legal Correspondent,

IN THE matter related to a case of gangrape, single bench of Madhya Pradesh High Court comprising Justice Sushil Kumar Palo said ‘at this juncture, it will not be appropriate to grant regular bail to appellants. This appeal is dismissed.’ Single bench heard two criminal appeals filed by Dulli Gond and Asharam Yadav, separately. Applicants filed two criminal appeals under Section 14-A of SC/ST (Prevention of Atrocities), Act, 1989 for brevity the Act, 1989.’

The appellant is in custody since August 3, 2017, in connection with a crime registered at Damoh Police Station for offence under Sections 376, 452 read with Section 34 of IPC and Section 3 (2) (V) of the Act, 1989. On August 1, 2017, at around 8.30 pm, when the prosecutrix was alone at home her 11-year-old son was playing outside and husband had gone to work. The accused Asharam and Dulli entered her house and raped her. When her son entered the house, they fled from the house.

After her husband returned at night, she filed a complaint. On her report, a case was registered at Police Station Damoh, Dehat. On behalf of the appellant, it is argued that the appellant and co-accused had gone to the house of the prosecutrix for information about their lost buffalo. A chargesheet has been filed. There is no positive opinion about medical officer with regard to the alleged crime. It is also contended that FIR has been lodged belatedly.

Madhya Pradesh High Court Government Advocate for respondent/State vehemently opposed contentions advanced by the learned counsel for the appellant. The appellant is a member of ST. Therefore, offence under Section 3 (2) (V) of the Act, 1989 is not attracted. Earlier, an application for regular bail was dismissed by the learned Trial Court on August 8, 2017. Prosecutrix is 35-year-old married woman.

The gangrape was committed by the accused. Therefore, non-receiving of external and internal injury is natural. Statement of prosecutrix under Section 164 CrPC also clears the incident. Keeping in view the same, at this juncture, it will not be appropriate to grant bail to the appellant. This appeal is dismissed, the single bench said.