California High Court dismissed an interim bail application filed during pendency of an appeal. The Court found the victim's testimony consistent and relied on a holistic view to decline the plea for bail.
The prayer for grant of bail to the applicant during pendency of appeal was declined.
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.
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GAHC010072992022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/163/2022 in Crl.A./58/2022
KAMAL RAJBONGSHI
S/O SRI KRISHNA RAJBONGSHI RESIDENT OF DAKHIN KHAYERBARI, PS SALBARI, DIST BARPETA, ASSAM
VERSUS
STATE OF ASSAM REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR. N K KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
12.08.2022
[ N. Kotiswar Singh, J. ]
Heard Mr. N.K. Kalita, learned counsel for the applicant. Also heard Ms. S. Jahan,
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learned Additional Public Prosecutor, Assam, appearing for the respondent.
2. The present application has been filed for enlarging the applicant/ appellant on bail during pendency of the appeal. In this regard, it has been submitted that the victim's testimony could not have been believed in view of the various inconsistencies and noncorroboration by medical evidence.
3. Drawing attention of this Court to the medical evidence, it has been submitted that there is no sign of any injury on the private parts of the victim girl and in fact, the hymen is intact and as such, the question of rape being committed can be ruled out. Further, it has been submitted that there are inconsistencies in the evidence of the mother, who did not have a cordial relation with the father, the applicant. In fact, the mother had left her matrimonial house after a quarrel and as such, the allegation has been made to falsely implicate the applicant. We have considered this submission also.
4. In view of the above submissions made, we have minutely gone through the evidence of the minor girl in the form of testimony given in the Court as well as the statement recorded under Section 164 Cr.P.C. Though Section 161 Cr.P.C. does not allow use of the statement recorded under Section 161 for any purpose other than contradiction, on perusal of the statements made by the victim girl in course of the trial and her previous statements made under Sections 161 Cr.P.C., 164 Cr.P.C., she appears to be consistent in all her statements.
5. Under the circumstances, without making any further observation as it may prejudice the parties in the final hearing, we, on taking a holistic view of the matter, at this stage, are not inclined to accept the plea for grant of bail to the applicant.
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6. Accordingly, the prayer made in the I.A. is declined.
Sd/- Arun Dev Choudhury Sd/- N. Kotiswar Singh JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the applicant be granted bail during pendency of the appeal considering inconsistencies in victim testimony and medical evidence.
Whether inconsistencies in the mother's evidence and their cordial relationship with the applicant warrant bail for the applicant.
Kamal Rajbongshi
State of Assam
N. Kotiswar Singh
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
