Friday, February 3, 2023

Allahabad High Court stays trial against 2 brothers accused of gangraping a married woman

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The Lucknow Bench of the Allahabad High Court has stayed criminal proceedings against two men, accused of gangraping a 27-year-old woman.

A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Revision filed by Naasir and others.

In this case, the revisionists are two brothers and their father. The allegation against them is that the father remained outside the house guarding while he asked his two sons to rape respondent no 2, a 27-year-old married woman, having three children.

The Court said,

It is unbelievable that a father would encourage his two sons to commit rape on a married woman and two brothers would commit rape one by one with a married woman, having three children.

Prima-facie, the story set up by the prosecution does not appeal to the conscience of the court.

In view thereof, the Court found it appropriate to stay further proceedings and therefore, it is provided that till the next date of listing of the case, the proceedings of Sessions Trial under sections 504, 506, 376-D, 120-B IPC, Police Station Raniganj, district Pratapgarh, shall be kept in abeyance.

“Issue notice to respondent no 2 returnable at an early date. Let the steps be taken by the counsel for the revisionists for service of notice on respondent no 2 within two days.

Four weeks’ time is allowed for the counsel for the respondents to file a counter-affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case after six weeks,” the Court ordered.

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