The High Court rejected the bail application of an applicant convicted of raping his 11-year-old daughter. Un-Inclined to grant bail due to corroborated evidence and the heinous nature of the offence.
Bail application rejected; applicant to be kept in custody.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 255 OF 2016 IN CRIMINAL APPEAL NO. 205 OF 2016
Subhash Ramkisan Duglas @ Duglach .. Applicant
Versus
The State of Maharashtra
.. Respondent
Appearances
Ms. Rohini Dandekar Advocate (appointed) for the Applicant Mr. H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ.
DATE : APRIL 28, 2016.
P.C.:
(f) of IPC and under Sections 5(m) & (n) read with Section 6
and Section 9(m) and (n) read with Section 10 of Protection
of Children From Sexual Offences Act, 2012. For the offence
under Section 376(2)(f) of IPC, the applicant has been
jfoanz vkacsjdj 1 of 2
sentenced to R.I. for life. The applicant is now seeking bail.
rape on many occasions on his own minor daughter who was about 11 years of age at the time of the incident. The daughter of the applicant i.e the victim girl has been examined as P.W. 1. She has clearly stated about the acts of the applicant.
corroborated by the medical evidence, we are not inclined to grant bail to the applicant, hence, the application for bail is rejected.
is in Nasik Road Central Prison, Nasik.
[ SMT. ANUJA PRABHUDESSAI, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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2 issues framed by the court
Whether bail should be granted to an applicant convicted of rape of a minor daughter under IPC Section 376(2)(f) and PoCSO Act Sections 5, 6, 9, 10.
Whether the applicant is entitled to bail considering the nature of the offence and corroboration of victim's evidence.
2 provisions across 2 enactments
Subhash Ramkisan Duglas @ Duglach
The State of Maharashtra
V.K. Tahilramani
Anuja PrabhuDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
