The Hon'ble Supreme Court dismissed an anticipatory bail petition of a Reserve Inspector accused of raping a woman. The Court held that notwithstanding a 21-day delay in FIR registration, the serious allegations precluded the grant of anticipatory bail.
Petitioner not entitled to anticipatory bail; Criminal Petition dismissed.
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HON’BLE SRI JUSTICE SAMUDRALA
GOVINDARAJULU
CRIMINAL PETITION No.5422 of 2012
O R D E R:
The petitioner/A.1 is accused of offences punishable under Sections 342, 376, 354 and 506/34 IPC. The petitioner is working as Reserve Inspector in District Armed Reserve at Kadapa. The victim is wife of a Home Guard. Both of them are residing separately due to some disputes. A.2 is working as Armed Reserve Constable. It is alleged that A.1 sent A.2 to the victim expressing A.1’s desire to have sexual intercourse with her so that her husband will be posted for duties at Kadapa and that A.2 took the victim to A.1 and A.1 committed rape on the victim. Though the offence is said to have taken place on 08.05.2012, report of the same was given to the police on 29.05.2012 with a gap of about 21 days. Except this factor, there are no other circumstances now available to suspect the version contained in the F.I.R. In matters of
this nature, delay in giving F.I.R. may not assume much importance. Having regard to serious and heinous allegations made against the petitioner, this Court is of the opinion that the petitioner is not entitled for anticipatory bail.
In the result, the Criminal Petition is dismissed.
____________________________ SAMUDRALA GOVINDARAJULU,J
Dt. 10th July, 2012. PNV
2 issues framed by the court
Whether the petitioner entitled to anticipatory bail considering the serious allegations of rape and delay in registering FIR
How to weigh the 21-day delay in FIR registration against the heinous nature of the offences
A.1
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
