The Kerala High Court rejected the anticipatory bail application in the rape case and said being aged of 18- years at the commission of the crime is not sufficient ground.
Title: XXXX V. State of Kerala.
Decided on October 10, 2023.
Bail Application. No. 7083 of 2023
Crime No. 762/2022 of Aloor Police Station, Thrissur.
CORUM: THE HON’BLE MR. JUSTICE GOPINATH P.
Introduction
The single judge bench of Hon’ble Mr. Justice Gopinath P. of the Kerala High Court has rejected the anticipatory bail application of accused of committing rape on his disabled cousin sister, seeking the bail on the ground that on the time of commission of the heinous crime he was only 18 years old.
Facts of the case
Petitioner is the accused in crime No. 762/2022, of Aloor police station, alleging commission of offences under Sections 452, 354, 354a(1)(i), 354B, 376(2)(I) and 376(2)(n) of the Indian Penal Code and Section 92(b) of the Rights of person with Disabilities Act,2016. The petitioner has committed the rape on her disabled cousin sister by trespassing into her house, from March-2022 to October-2022.
Courts observation
The learned counsel for the petitioner given the argument that on the time of the commission of the crime the petitioner was only the age of 18 years old, it is quite unbelievable that rape has committed in the month of March-2022, FIR was registered in the month of October-2022. The bail application opposed by the public prosecutor and submitted that victim has clearly identified the perpetrator of the crime and the statement recorded from ye victim under Section 164 of Cr. P. C. contains clear allegation against the petitioner. The Hon’ble court observed that due to the gravity of the crime the anticipatory bail can’t be granted in such a heinous crime of rape on disabled person only on the ground that at the time of the commission of the crime the petitioner was only in the age of 18 years, and also orders that if he petitioner surrenders before the investigating officer within the period of 10 days from today, the arrest of petitioner shall be recorded and he shall be produced on the same day before the jurisdictional Magistrate.
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Written by: Aamir Hussain.
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