Thursday, March 30, 2023

Gauhati High Court dismisses PIL related to rape of minor

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The Gauhati High Court disposed of a suo motu Public Interest Litigation registered pursuant to a news article published in June, 2021, related to a rape incident.

The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia noted that reports were called for. An FIR came to be lodged under Section 376(2) IPC and Section 4 of the POCSO Act against the accused person for the said offence.

The Counsels appearing for the respective parties have pointed out that the trial is over and the accused has been convicted for the aforesaid offence. 

It is also pointed out by the Counsels for the parties that the accused has challenged his conviction by way of appeal before the High Court at Itanagar Bench and the same is pending for adjudication. 

B.D. Goswami, Additional Advocate General, Arunachal Pradesh, reported to the High Court that now the accused is in jail. 

It is further stated by the counsel for the parties that pursuant to the orders passed by the High Court, an amount of Rs five lakh has been received for and on behalf of the victim by way of Cheque and the said amount has already been deposited in bank in the name of the Chairman of the said Child Care Institute.

The Counsel appearing for the said Child Care Institute states that the amount has been received. 

Therefore, the Court directed the Chairman of the said Child Care Institute to deposit the said amount of Rs 5,00,000 by way of Fixed Deposit, in joint names of the Superintendent of the said Child Care Institute and the victim, initially for a period of three years in any Nationalised Bank with cumulative interest.

The Fixed Deposit Receipt shall be kept in the office of the said  Child Care Institute in sealed cover. It is further provided that the bank shall not permit anybody to raise any advance against the fixed deposit. The said Child Care Institute shall maintain the victim till she attains majority, the Court further directed.

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