Investigation officer adds rape And other sections though medical examination does not support the case… Accused runs for bail !!
"… in the FIR no such allegation was made and the medical examination report of the victim does not support the prosecution case. .."
The shocking truth is, in India it is extremely easy to file cases against men, in complete disregard of their independence, using woman centric loss
***** case from High Court website *****
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. – 22
Case :- BAIL No. – 3792 of 2016
Applicant :- Jabbar
Opposite Party :- State Of Up
Counsel for Applicant :- Pramod Shanker Shukla,Ravi Prakash Tripathi
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Mahendra Dayal,J.
Heard the learned counsel for the applicant and the learned A.G.A. for the State as well as perused the record.
The applicant Jabbar has sought bail in Case Crime No. 687 of 2015, under Sections 323, 506, 376 IPC and 3/4 POCSO Act, relating to Police Stanton Madiyaon, District Lucknow.
It has been contended by the learned counsel for the applicant that in respect of an occurrence which allegedly took place on 2.11.2015, the FIR was lodged after 4 days on 6.11.2015. When the FIR was lodged, no allegation of rape was made against the applicant. It is further submitted that after a gap of more than 20 days the prosecutrix was subjected to medical examination and no injury was found on her body.
After a long gap from the alleged date of occurrence, the statement of the prosecutrix was recoded by the I.O. under Section 161 Cr.P.C., on 16.12.2015.
The statement of the victim does not inspire confidence.
In fact the applicant has been falsely implicated in this case due to enmity.
Learned A.G.A. has opposed the prayer for bail and it has been submitted that the age of the victim has been found to be 17 years and she has made allegation of rape against the applicant. However, it has not been disputed that in the FIR no such allegation was made and the medical examination report of the victim does not support the prosecution case.
Her statement was recorded after a gap of 20 days.
Keeping in view the aforesaid facts but without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant named above involved in the above noted case crime number be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 11.5.2016