False Implication In Sexual Offences Is On The Rise: Observes Allahabad HC While Granting Bail To Two Gangrape Accused
The Allahabad High Court has granted bail to two gangrape accused while observing that false implication in sexual offences is on a rise.
The High Court noted that much water has flown down the Ganges since passing of the judgment by the Apex Court in the case of Bharwada Bhoginbhai Hirjibhai v. State of Gujarat where the Supreme Court had categorically opined that in the current non-permissive Indian society, no girl would foist a false case of sexual assault against any person to avoid being maligned in society.
“Much water has flown down the ganges since passing of the aforesaid judgment by the Apex Court. The Indian society has undergone a complete change during the said period of about 40 years and now it is more often observed that false implication in sexual offences is on a rise.”, Justice Krishan Pahal observed.
As the prosecution case, a woman aged 24 years was allegedly raped by two men. It was alleged that when she had tried to raise alarm, one of the accused is stated to have closed her mouth with his hand.
It was further stated that the husband of the woman was threatened by the perpetrators of crime. Thereafter FIR came to be registered for offences under Sections 376-D, 342, 506 of Indian Penal Code.
The accused approached the High Court for bail.
The counsel for the accused stated that the victim was medically examined and no internal or external injury was found on her body to corroborate the prosecution allegations. The counsel further stated that they have been falsely implicated in the case as they had enquired about the illegal activities being undertaken by the victim.
Advocate Virendra Kumar Mishra appeared for the accused whereas Advocate Shivam Yadav appeared for the State.
The Court observed that inordinate delay in lodging the FIR is to be considered at the time of adjudicating the bail.
The Court noted that the accused persons had made out a case for bail considering the evidence on record, the inordinate delay in lodging of the FIR by the informant and also the fact that the trial is at its conclusive end.
Thus the Court allowed the bail plea. The Court granted bail to the accused persons while imposing certain conditions.
Cause Title- - Sandeep Kumar Mishra v. State of U.P. with Anr