Rape accused

The Supreme Court on Friday denied anticipatory bail to a rape accused. The bench of Justice L. Nageswara Rao and Justice Aniruddha Bose denied anticipatory bail to the rape accused.

The Petition said that the case of the prosecution is that the Petitioner committed sexual assault on the victim girl and thereby she became pregnant.

The appellant was convicted by the First Additional Sessions Judge, Mahasamund, Chhattisgarh, under Section 376(1) of the Indian Penal Code, 1860, and was awarded seven years rigorous imprisonment and a fine of Rs 5000, in default whereof to undergo further rigorous imprisonment for 1 year.

The Madhya Pradesh Police has registered the FIR against the petitioner on a complaint by a woman for rape offences

A two-judge bench of Justice Mohan M. Shantanagoudar and Justice Vineet Saran has issued notice on the plea.

The court said If the victim sent a friend request to the accused, it does not at all mean that the victim has given the accused the right and freedom to have sex

Councel for the applicant had argued that the police of Bijawar police station of Chhatarpur lodged the FIR against the applicant under sections 363, 366, 376, 442, 506 of IPC and section 3-4 of the POCSO Act.

The mother of the prosecutrix submitted that the petitioner has married the prosecutrix and she has no objection if the petitioner is released on anticipatory bail

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While granting the anticipatory bail to the Petitioner, Justice Anoop Chitkara observed: “While deciding bail Applications, the Courts should discuss evidence relevant only for determining bail.