SC cancels bail granted to two men by Allahabad HC in minor's gangrape case
New Delhi (PTI): The Supreme Court has set aside the Allahabad High Court order granting bail to two persons, accused of kidnapping and gangraping a 14 year-old minor, and expressed displeasure for not making the survivor a party during the bail plea hearing.
A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma asked the accused – Khargesh alias Golu and Karan – to surrender before the trial court on or before December 30.
The bench in the process allowed the survivor's plea, filed through advocate Pranav Sachdeva, seeking cancellation of the bail granted by the Allahabad High Court.
Taking a strong exception to the fact that neither the accused nor the public prosecutor nor the Allahabad HC informed the minor survivor about the bail hearing, the bench said, "In the instant case, there is gross violation of the said statutory provisions contained in Section 439(1A) of CrPC and Section 15A(3) of the SC/ST Act, at the instance of the respondents."
The high court in the impugned order also did not consider the mandatory requirement of both the Acts and granted bail to the respondents in a very casual and cursory manner, without assigning any cogent reasons, though they were prima facie involved in a very serious offence, noted the bench's order on December 13.
The apex court held the bail orders were in "utter disregard" of the mandatory provisions of Code of Criminal Procedure and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act while setting them aside.
"It appears that the respondents concerned -- accused had not impleaded the present appellant as the party respondent in the bail proceedings filed by them before the high court, and the public prosecutor concerned also had not informed the appellant victim about the said proceedings,” it said.
Referring to the legal provisions, the bench said the presence of the survivor or any person authorised by him or her was obligatory at the time of hearing of the application for bail to the person in cases related to rape and gangrape.
"Similarly, it is also mandatory on the part of the special public prosecutor of the state government to inform the victim about the court proceedings, including bail proceedings as contemplated in sub-section (3) of Section 15A of the SC/ST Act,” the bench said.
According to the plea, the minor had known the accused persons, who were her neighbours, for a long time and on July 27, 2021, one of them, Karan, forced her to meet near a temple on the pretext of going to a park.
Three other accused persons later came in a car and took her to a flat, where they took turns to rape her and "brutally assaulted" her when she tried to raise an alarm, the plea said.
The trial court, on September 13, 2021, dismissed the bail plea of one of the accused on the ground that the survivor's supported the case in her statement.
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Vijay secures majority support, set to stake claim to form Tamil Nadu govt
Chennai: After four days of political uncertainty and intense negotiations in Tamil Nadu, actor-politician Vijay is learnt to have secured the numbers required to form the government, sources said.
Supporters gathered outside Vijay’s residence in Chennai on Friday evening, raising slogans in support of Tamilaga Vettri Kazhagam soon after reports emerged that the party had managed to secure majority support.
Sources said Vijay is expected to meet Tamil Nadu Governor R. V. Arlekar on Friday evening to stake claim to form the government. The meeting is likely to take place around 6 pm.
In its electoral debut in the Tamil Nadu Assembly elections, TVK won 108 out of the 234 seats, dealing a major blow to the 62-year political dominance of Dravida Munnetra Kazhagam and All India Anna Dravida Munnetra Kazhagam.
However, Governor Arlekar had reportedly made it clear that the party would not be invited to form the government without proving a clear majority. Even after two rounds of discussions on Wednesday and Thursday, the Governor is learnt to have maintained his stand that letters of support from at least 118 MLAs must be submitted in the 234-member Assembly.
Apart from Vijay, TVK had the backing of 107 MLAs. Vijay had contested from Tiruchy (East) and Perambur constituencies and won both seats, meaning he would have to resign from one seat before taking oath. This increased the need for additional support.
Amid the political developments, five MLAs from the Congress party, which reportedly moved away from the DMK-led alliance, extended support to Vijay. Vijay also held discussions with leaders of Viduthalai Chiruthaigal Katchi, Communist Party of India (Marxist) and Communist Party of India.
The VCK, CPI(M) and CPI had so far been allies of the DMK. At the same time, political discussions intensified in the state over speculation that the DMK could even explore a post-poll understanding with its long-time rival AIADMK to prevent an alternative government from taking shape.
Reports had been circulating since Friday afternoon that the VCK and Left parties were likely to support Vijay. Sources later said that the VCK, CPI(M) and CPI agreed to extend the support of two MLAs each, helping TVK cross the required majority mark.
All eyes are now on the Governor’s next move and the official announcement regarding the formation of the new government in Tamil Nadu.
