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IN THE HIGH COURT OF ALLAHABAD
SANJAY KUMAR SINGH, J.
Ganesh Mishra - Applicant
Versus
State of U.P. & Ors. - Opposite Parties
Criminal Misc. Bail Application No. 11868 of 2022
Decided On : 20-03-2023
Protection of Children from Sexual Offences Act - Section 5/6 – Criminal Procedure Code,1973 - Section 439 - Indian Penal Code,1860 - Sections 376-D - Committed rape - Prosecution case making allegation of rape - Seeks enlargement on bail - Rigorous imprisonment - Whether there was actually any attempt to commit sexual intercourse or not Held, In this case a heinous crime has been committed and accused must suffer for his consequences - A rapist not only violates victim's personal integrity but leaves indelible marks on very soul of helpless female - In this case a minor girl had been ravished by three accused who must have undergone a traumatic experience - As a matter of crime is not only against victim it is against whole society as well - Application is Rejected.
JUDGMENT :
1. Heard learned counsel for the applicant and Shri Rabindra Kumar Singh, learned Additional Government Advocate representing the State.
2. By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 166 of 2021, under Sections 376-D of I.P.C. and 5/6 Protection of Children from Sexual Offences Act, Police Station- Kayamganj, District- Fatehgarh (Farrukhabad), seeks enlargement on bail during the pendency of trial.
3. As per prosecution case, in brief, victim, who is aged about 15 years, herself lodged a first information report on 16.05.2021, against the present applicant Ganesh Mishra, Rahul @ Ajay and Rohit Fauji, with the allegations inter-alia that on 14.5.2021 at 11.00 PM when she came out of her house to attend the call of nature, at that time Rahul alias Ajay came there and took her to the house of Ganesh Mishra (applicant) where Ganesh and his friend Rohit Fauji were present. They forcibly made her to drink cold drink whereafter she started feeling drowsiness. Thereafter all the three accused persons committed rape on her one by one.
4. The main substratum of argument of learned counsel for the applicant is that applicant has been falsely implicated in this case. Placing reliance upon the medical report of the victim wherein hymen of the victim was found absent, learned counsel for the applicant submits that no such incident took place as alleged by the victim in the F.I.R. He further argued that victim was having love affair with co-accused Rahul @ Ajay, who took her to the house of the applicant on 14.05.2021 at about 11 PM. It is also pointed out that the statement of victim has already been recorded before the trial court, but there are some contradictions in her statement. The applicant is languishing in jail since 18.05.2021.
5. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant by contending that there is specific allegation of gang rape against the accused persons including the applicant. The victim in her statements under Section 161 and 164 Cr.P.C., which were recorded during investigation as well as before the trial court has fully supported the prosecution case making allegation of rape against the accused persons. It is also pointed out that applicant has the criminal history of following eight cases to his credit :
2. Case Crime No. 36 of 2019, under Sections 147, 372 IPC, Police Station Kayamganj, District Fatehgarh.
3. Case Crime No. 167 of 2019, under Sections 307, 504, 452, 34, 324 IPC, Police Station Kayamganj, District Fatehgarh.
4. Case Crime No. 02 of 2020, under Sections 354, 504 IPC and Section 8 of POCSO Act, Police Station Kayamganj, District Fatehgarh.
5. Case Crime No. 55 of 2020, under Section 3 of U.P. Goonda Act, Police Station Kayamganj, District Fatehgarh.
6. Case Crime No. 174 of 2021, under Section 10 of U.P. Goonda Act, Police Station Kayamganj, District Fatehgarh.
7. Case Crime No. 275 of 2020 under Section 3(1) U.P. Gangster Act, Police Station Kayamganj, District Fatehgarh.
8. Case Crime No. 230 of 2020, under Sections 323, 324, 504 IPC, Police Station Kayamganj, District Fatehgarh.
6. As per first information report the victim is aged about about 15 years whereas as per ossification test report she is found aged about 17 years. Admittedly, the victim is minor. After the incident when the victim was produced before the doctor for her medical examination report, she has stated that the present applicant Ganesh, Rahul and Rohit have committed rape on her one by one. In her statement under Section 164 Cr.P.C., she has stated that on the fateful day at 11.00 PM, she had gone to toilet and while she was returning, accused Rahul alias Ajay came there on motorcycle, gagged her mouth, threatened her and took her to the house of Rohit Fauji. The gate of the house was opene
The conviction for rape was upheld based on the prosecutrix's credible testimony, while the conviction under the SC/ST Act was quashed due to lack of evidence regarding the accused's knowledge of the....
The main legal point established is that the court relied on the victim's testimony, medical reports, and witness statements to establish the accused's guilt, emphasizing the victim's age, lack of co....
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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