In an appeal against bail refusal under the SC/ST (PoA) Act arising from alleged gang rape, the High Court refused bail, holding that the victim cannot be disbelieved despite lack of visible injuries.
Prayer for bail is refused. Trial court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.798 of 2018
Arising Out of PS.Case No. -265 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) =========================================================== 1. Chandan Kumar Roy,
.... .... Appellant/s
Versus 1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Sada Nand Roy, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-04-2018
Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with Dinara Police Station Case No.265 of 2017 corresponding to Register Case No.213 of 2017 registered under Sections 366(a)/34 of the Indian Penal Code, and Section 3(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The victim has alleged Gang rape by the appellants and others.
Patna High Court CR. APP (SJ) No.798 of 2018 dt.11-04-2018
2
Submission of the learned counsel for the appellants is that the victim is aged about 15-18 years. In the event of gang rape, some visible injury should be there which the Doctors have not found.
At this stage, the victim cannot be disbelieved for the aforesaid reason. Hence, I am not inclined to enlarge the appellants on bail.
Hence, prayer for bail is refused.
The learned trial court is directed to expedite the
trial.
Accordingly, the appeal stands dismissed.
(Birendra Kumar, J)
Nitesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 13.04.2018 |
| Transmission Date |
13.04.2018 |
1 issue framed by the court
Whether bail should be granted to the appellants in a gang rape case under the SC/ST (PoA) Act considering the victim's age and alleged lack of injuries.
3 provisions across 2 enactments
Chandan Kumar Roy and others
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
