Criminal Appeal against conviction and sentence for rape and criminal intimidation. Application for bail during pendency of the appeal was filed. Finding was that the bail application must be dismissed and accordingly disposed of.
The application for bail during pendency of appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
13.APPA.454-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.454 OF 2015
IN
CRIMINAL APPEAL NO.458 OF 2015
Ajaysingh Kuvarsingh Dahiya Versus The State of Maharashtra
..Applicant
..Respondent
Mr. Dheeraj Dhutmal, Advocate for the Applicant. Mrs. Anamika Malhotra, APP, for the Respondent – State.
CORAM : A. R. JOSHI, J.
DATE : 15th JUNE, 2015
P.C.
application for bail during pendency of the appeal which has already been admitted.
the said offence. He was also convicted for the offence
punishable under Section 506(Part II) of IPC and sentenced
to suffer RI for one year and to pay fine of Rs.5000/-.
1 / 4
2
13.APPA.454-15.doc
2 / 4
3
13.APPA.454-15.doc
the present applicant at Haryana. They stayed there for sometime. Thereafter, as mentioned earlier, the girl was taken to Mumbai and she started to stay at the house of the applicant along with his second wife. All along for these years when the girl was staying at Haryana and Mumbai there were sexual advances by the present applicant over the said prosecutrix and as and when opportunity arose he had forcible sexual intercourse with the girl. Apparently this act of the accused was not came to the light as the girl was then tender age and was studying in 4th or 5th standard. She was given threats of dire consequences of killing her parents. Moreover the girl was apparently under the domain and control of the applicant at Haryana and at Mumbai. During the trial the main substantive evidence of PW-5 i.e. the prosecutrix herself was discussed by the trial Court coupled with the substantive evidence of PW-1 complainant and PW-6 Soniya the second wife of the applicant. Though the complaint was lodged belatedly regarding offence of sexual intercourse i.e. after about two years time, the circumstances were such that this delay
3 / 4
4
13.APPA.454-15.doc
cannot be treated as a mitigating circumstance to the case of prosecution mainly considering age of the victim girl and she being under control and domain of the applicant.
( A. R. JOSHI, J.)
Deshmane (PS)
4 / 4
2 issues framed by the court
Whether the applicant is eligible for bail during the pendency of the appeal against conviction for sexual offences.
Whether the delay in filing the complaint adversely affects the applicant's claim for bail.
3 provisions across 1 enactments
Ajaysingh Kuvarsingh Dahiya
The State of Maharashtra
A. R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
