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2019 Supreme(All) 1190
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN, J.
Dr. Vinay Kumar - Appellant
Versus
State of U.P. - Respondent
Criminal Misc. Bail Application No. 4334, 5285 of 2019
Decided On : 12-03-2019
For the Appellant : Chandra Prakash Pandey, Swati Agrawal Srivastava, Dhananjay Singh Yadav.
The relevance of compromise in heinous crimes and the special sanctity of dying declarations.
Headnote:
Compromise - Criminal Offenses - IPC 376-D, 452, 306 & 506 - The court discussed the relevance of compromise in a heinous crime and cited various judgments to support its decision to reject the bail applications.
Fact of the Case:
The bail applications were filed by Dr. Vinay Kumar and Pramod Yadav in a case involving charges under IPC Sections 376-D, 452, 306 & 506. The deceased had made a dying declaration accusing the applicants and another co-accused of sexual assault before her death.
Finding of the Court:
The court rejected the bail applications, emphasizing the seriousness of the offenses and the special sanctity of the dying declaration made by the deceased. It also directed the trial court to expedite the trial.
Issues: The main issues revolved around the relevance of the compromise, the credibility of the dying declaration, and the complicity of the accused in the heinous crime.
Ratio Decidendi: The court emphasized that the compromise made at the police station was not relevant as it was not made before a competent court of law. It also highlighted the special sanctity of the dying declaration made by the deceased.
Final Decision: The bail applications of both applicants were rejected, and the trial court was directed to expedite the trial.
ORDER :
Manju Rani Chauhan, J.
1. Heard Mr. Chandra Prakash Pandey, learned counsel for the applicant-Dr. Vinay Kumar in Criminal Misc. Bail Application No. 4334 of 2019, Mrs. Swati Agarwal, learned counsel for the applicant-Pramod Yadav, in Criminal Misc. Bail Application No. 5285 of 2019 and Mr. Om Prakash Mishra, learned A.G.A. for the State in both the bail applications.
2. Perused the material on record.
3. Both the bail applications have been filed by the applicants-Dr. Vinay Kumar & Pramod Yadav with a prayer to enlarge them on bail in Case Crime No. 139 of 2018, under Sections 376-D, 452 306 & 506 I.P.C., Police Station-Paraur, District Saharanpur, during the pendency of the trial.
4. From the records, it transpires that a first information report was lodged by the husband of the deceased, namely, Ramveer on 30th August, 2018 under Section 452 and 376 I.P.C. against applicant-Dr. Vinay Kumar only, wherein it has been alleged that the first informant worked as labour in Delhi. On 29th August, 2018, the first informant was informed by his wife, namely, Devika aged about 28 years that Dr. Vinay Kumar used to visit the house of the first informant for giving medicine to his wife. On 18th August, 2018 at 09:00 p.m. (night), the wife of the first informant was called by the applicant-Dr. Vinay Kumar to give her injection, where he sexually assaulted her. Yesterday her wife set herself on fire by pouring kerosene oil on herself due to which also his son scorched and his wife was admitted in the hospital and for the aforesaid act of the applicant-Dr. Vinay Kumar of sexually assaulting the victim, the first information report has been lodged. It is pertinent to mention here that the victim during treatment expired on 30th August, 2018 at 06:00 p.m. in the hospital.
5. It also transpires from the record that the deceased had already given an application on 23rd August, 2018 for lodging of the first information report against the applicant-Dr. Vinay Kumar qua the offence of sexual assault committed by him upon her on 18th August, 2018 but she was forced to enter into a compromise on 29th August, 2018 in the presence of her husband, Ramveer, one Ram Ladaite, Dinesh Singh and Kashmira-Gram Pradhan of Gram panchayat Habbibullapur @ Amritapur, Mirzapur. However just after entering into the said compromise dated 29th August, 2018, she set herself on fire by pouring kerosene oil on herself and thereafter she was admitted in the hospital, where her dying declaration was recorded on 30th August, 2018, in which she had named the applicant-Pramod Yadav, Mukesh Singh and applicant-Dr. Vinay Kumar Yadav. In the dying declaration, she has stated that on 18th August, 2018, all three persons, who were resident of her village, had committed rape upon her for which she had given application on 23rd August, 2018 in the Police Station and a compromise was entered at the Police Station. She has also stated in the dying declaration that to compromise, those people threatened her that if she does not compromise then they would kill her and her children, due to fear, she entered into compromise. On fear of defamation in the society, she poured kerosene oil on herself and set herself on fire.
6. Though, only the applicant-Dr. Vinay Kumar has been named in the first information report but in the C.D.-II dated 31st August, 2018, the Investigating Officer recorded involvement of applicant-Pramod Yadav and Mukesh Singh, who have also been named in the dying declaration of the deceased-Devika.
7. Mr. C.P. Pandey, learned counsel for the applicant-Dr. Vinay Kumar submits that the applicant is a Doctor and he was doing the treatment of the deceased as she was a patient of Tuberculosis (T.B.) but due to money dispute, the deceased had made a false complaint against the applicant. However, on request of the applicant along with his parents being made to the deceased as well as on the advice of some respectable persons of the village, she entered into the compromise on 2
