The Gujarat High Court has given orders for release of a rape convict after the victim said that she has got married to and started living with the accused and even gave birth to his two children.
has noted that the alleged victim admitted that she, on her own, married, started living with the accused and even gave birth to his two children ordered the release of a rape convict.
A Single-Judge Bench of Justice Paresh Upadhyay has heard an appeal where the challenge is made to the judgment and passed by the Special Judge (POCSO) and 3rd Additional Sessions Judge, Junagadh dated 15.07.2021 . The conviction is under Section and 376 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act. The sentence awarded is rigorous imprisonment (RI) for ten years. Fine is also imposed and in default thereof, simple imprisonment is imposed.
The Court said that the glaring aspect of the matter is that because of legal requirement needs to be called as evidence of “the victim”, she on her own, because of her wish had walked out of home and she started living with the present appellant and with that relation she has given birth to two children, one on 29.06.2019 and second on 22.01.2021.
“Neither the mother nor the father of these two children disowns their birth nor paternity and still the father is convicted inter alia under Section 376 of the Indian Penal Code and is ordered to undergo RI for 10 years,” the Bench noted.
The Judge further held that the Sessions Court is also conscious of this fact, since even in the operative part of the judgment, it is noted that since these two persons are staying as husband and wife, any compensation / assistance received from any of the Government(s) need to be refunded.
It is under these circumstances, the Court finds that the present appellant need not be continued in custody any further. Further, wider issues about sustainability of convictions in the cases with such factual background may also require scrutiny by the Court, which may be gone into at a later stage.
Therefore while observing that ends of justice would meet if the sentence is suspended during pendency of the appeal the Judge ordered that the sentence imposed on the applicant by the Special Judge (POCSO) and 3rd Additional Sessions Judge, Junagadh dated 15.07.2021 , shall remain suspended during pendency of the appeal.
“The applicant needs to be released on bail without any condition, however with a view to see that procedurally there is no difficulty for him, it is ordered that the applicant shall be released on bail on his furnishing personal bond of Rs.100/-,“ the order reads.