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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Man held for killing teacher over Rs 13 lakh loan in Karnataka
Kalaburagi (Karnataka) (PTI): A 27-year-old man has been arrested for allegedly killing a teacher after she repeatedly demanded repayment of a Rs 13 lakh loan that he had taken from her, police said on Wednesday.
The accused, Amar, allegedly attacked the woman with a sharp weapon and later set the body on fire on the Kamalapur-Kalmood road in the district in an attempt to destroy evidence, they said.
Police identified the victim as Jyoti (57), a resident of Kalaburagi city, who was working as a teacher in Bidar district.
The matter came to light after an unidentified female body was found beside the Kamalapur-Kalmood road, they said.
Initially, it was treated as an unidentified body. Based on a complaint from a local resident, a murder case was registered under 109 of the Bharatiya Nyaya Sanhita at Kamalapur Police Station limits in Kalaburagi district, police said.
The investigation was immediately taken up and her photographs were widely circulated and later, the woman was identified.
During the investigation, police identified Amar, a resident of Kapnoor area, who owns and runs a milk parlour as the accused, Adduru Srinivasulu, Kalaburagi Superintendent of Police told reporters here.
According to him, Amar had borrowed Rs 13 lakh from Jyoti. She had been repeatedly asking him to return the money and had warned that she would lodge a police complaint if he failed to repay the amount. Fearing this, Amar allegedly planned to kill her.
He reportedly took Jyoti towards the Kamalapur-Kalmood road in a vehicle on April 4. On the way, he stopped the vehicle saying that water needed to be poured into the engine. "When she got down, he allegedly threw chilli powder on her face and attacked her with a sharp weapon. After the murder, he allegedly poured fuel on the body and set it on fire before fleeing the scene," the officer said.
Based on the accused's statement, police recorded his confession, collected evidence in the case, arrested him and produced him before a court, which remanded him to judicial custody, he added.
