Friday, December 2, 2022

Supreme Court dismisses bail plea of man accused of raping woman after finalizing marriage with her

The Petitioner Mithilesh Kumar was apprehending his arrest in connection with offence under section 376. 354(A), 354(B), 417, 420 and 511 IPC.

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The Supreme Court today has dismissed the anticipatory bail plea of a man accused of raping a woman after finalisation of marriage with her and allegedly took Rs 3.15 lakh from the informant party. 

The matter was listed before the bench of Chief Justice N..V Ramana, Justices Surya Kant and Hima Kohli. The top court refused to grant interim protection to Mithilesh Kumar involved in the commission of the offence under Section 376, 354(A), 354(B), 417, 420 and 511 IPC. The Court has noted that despite making a statement before the Jharkhand High Court that he is ready and willing to pay ad interim victim compensation for sum of Rs 2 lakh to the victim, the petitioner Mithilesh Kumar did not pay the said amount to rape victim.

Justice Hima Kohli said, “As per the statement made by you before the High court of Jharkhand admitting that you are willing to pay ad interim victim compensation.”

Somnath Padhan, Kumar’s counsel, replied that he has not given any undertaking. Justice Hima Kohli said, “Go to the court and say there, what are you doing here?”

The Court noted,

“Petitioner did not agree to pay Rs 2 lakh as ad interim victim compensation payable to victim and therefore, we pass directions for Mithilesh Kumar to approach High Court seeking clarification of order passed in the said case. Hence, Dismissed.”

The High Court of Jharkhand at Ranchi directed Mithilesh Kumar to surrender within 3 months from date of order and in the event of arrest, the petitioner Mithilesh will only be released on bail after depositing a demand draft of Rs 2 lakh as ad interim victim compensation without prejudice to his defence in the case, drawn in favour of victim and by furnishing a bail bond of Rs 25,000.

Another condition to be imposed by trial court was that Mithilesh will co-operate with the investigation and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of CrPC.

The petitioner was apprehending his arrest in connection with offence under Sections 376, 354(A), 354(B), 417, 420 and 511 IPC.

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The counsel for the petitioner argued before Jharkhand High Court that that the allegation against the petitioner is that the petitioner committed rape upon the victim after their marriage was finalized and took Rs 3.15 lakh from the informant party.

What is the law on Victim Compensation Scheme?

Such Scheme accorded to victim is enshrined under Section 357-A of Code of Criminal Procedure,1973.

1. Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation.

2. Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1)

3. If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

4. Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

5. On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

6. The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer incharge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

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