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Supreme Court dismisses bail plea of a man accused of raping minor girl

In the plea by the petitioner/ accused, he has alleged that there is a CD which is with the investigating agency in which there is a conversation between him and the prosecutrix where in it was categorically mentioned by the victim that there was no rape.

The Supreme Court on Tuesday dismissed the bail plea filed by a man accused of raping a 14-year-old minor girl. (Gulshan Vs State of NCT of Delhi) 

A three-judge bench of Justices D.Y. Chandrachud, R. Subhash Reddy and S. Ravindra Bhat dismissed the plea. The Counsel for the accused submitted that petitioner has been roped in as an accused as his sister had filed a complaint against one Monu who is known to the prosecutrix and she roped in the petitioner just to take revenge and the relationship between him and prosecutrix was consensual. 

Justice Bhat replied, “She is 14 where is the question of consent?” 

The Court was hearing the petition filed by a man seeking bail for the alleged offence punishable under Section 376/506 Indian Penal Code & 4 POCSO Act. 

The petition before the Supreme Court is filed against the order of Delhi High Court which had dismissed his bail plea earlier on March 4, 2020. The Delhi High Court had said that in view of the allegation levelled against the petitioner which are very grave in nature and further keeping in mind the age of the victim prosecutrix and further in view of the fact that even threat was extended to the victim, no ground for bail are made out at this stage. 

The High Court had noted that the present case was registered on the complaint of complainant ‘S’, who is the mother of the prosecutrix ‘K’ wherein she alleged that her neighbour Gulshan i.e. the petitioner took her daughter to the room of his friend co-accused Firoz in July 2018 where he forcefully made physical relations with her daughter and threatened to kill her brother, if she tells anyone about the incident. When she came to know about the incident that has happened with her daughter, she filed the complaint. Statement of the complainant i.e. mother of the victim u/s 164 Cr.PC was recorded wherein she corroborated the FIR and also stated that the mother and sister of the petitioner were well conversant of what the petitioner had done to the victim.

“In her statement recorded u/s. 164 CrPC, the victim has categorically stated that petitioner had taken her to his friend’s house (Firoz) at Daya Basti. The petitioner had taken the keys from Firoz who had thereafter left the house. Thereafter, the petitioner had removed her salwar and committed sexual intercourse with her. Thereafter petitioner threatened the victim that if she discloses anything to anyone, her brother would be killed and she would be defamed. The victim had stopped going to the school and revealed everything to her mother. The victim has submitted that petitioner is still threatening her on phone and also compelling her for marriage. His mother and sister are also building pressure for marriage,” noted the High Court in its bail dismissal order.

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In the plea by the petitioner/ accused, he has alleged that there is a CD which is with the investigating agency in which there is a conversation between him and the prosecutrix where in it was categorically mentioned by the victim that there was no rape. The High Court also took note of that contention of the accused petitioner but denied taking it into account that there is another CD in which it was revealed by the petitioner that he has done everything. However, the High Court had mentioned in its order that authenticity of those will be analysed during the trial. Following which, the High Court had denied him bail. 

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