The Delhi High Court has allowed bail to a rape accused under Section 376 AB (Whoever, commits rape on a woman under twelve years) of Indian Penal Code and Section 6 (Whoever, commits aggravated penetrative sexual assault) of Protection of Children from Sexual Offences Act, 2012 since there had been a delay of eight hours in the registration of the first information report.
The single-judge bench of Justice Suresh Kumar Kait noted, “If such type of heinous crime had taken place and that with a 2 ½-year-old girl, why was the FIR not registered immediately?”
The bail application has been filed by a rape accused in the case of allegedly forcing the child to perform oral sex.
The Counsel appearing for the petitioner submitted that the FIR and Medico-Legal Certificate (MLC) of the petitioner does not show any sign of intoxication and abrasion, though as per allegations, the petitioner was beaten up by the neighbours of the complainant and the fact that there is a considerable delay of 8 hours in preparing the rukka cannot be overlooked.
The bench over the contention of the CCTV footage noted, “This Court has seen the CCTV footage and in the said CCTV footage, father of the victim was outside the building. Complainant entered into the building and within a minute, he is seen catching hold of the petitioner and bringing him out. If such type of heinous crime had taken place and that with a 2 ½ years old girl, why immediately the FIR was not registered.”
“Moreover, there is a delay of 8 hours in the registration of FIR and there was no sign of beating and intoxication in MLC of the petitioner because if the neighbours had beaten the petitioner and he was in a state of intoxication then the said fact should have come in the MLC, but the said MLC does not show any sign of bruises or abrasion, indicating that there was no public beating which was alleged in the FIR,” noted by the Court in its order.
Justice Kait without commenting on the merits of the case allowed the bail application with condition to furnish personal bond of Rs 15,000 with one surety while noting, “the fact that the prosecutrix being 2 ½ years old, due to which her statement was not recorded”.Shiv-Chander
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