HC denies taking cognizance of bail application of rape accused willingly to marry victim

   

On 29^th June, a bench of Allahabad High Court consisting of Justice Vivek Agarwal while dismissing a bail application of a rape accused willing to marry the victim held that the Court is estopped from taking cognizance of any such compromise once the statements of the victim are read, as recorded under Section 164 Cr.P.C. before the Magistrate.

Facts of the case:

The bail application has been filed under Section 439 Cr.P.C by the accused alleged to have committed the crime of rape. However, the present bail application was filed after the prosecutrix showed her willingness to marry the applicant.

Contention of the Applicant:

Sri Shakeel Ahmad Azmi, learned counsel for applicant contended the following:

 

1. Learned counsel for applicant submited that prosecutrix is major and has filed an application to the effect that she is willing to marry the accused.
2. It was further submitted that since prosecutrix is willing to marry the applicant, it is a good case for enlarging the applicant on bail.
3. It was stated that prima facie, it appeared to be a case of consent especially, once it comes on record that prosecutrix, as per the medical determination of age, was 18 years of age at the time of the incident.

Contention of the State:

Sri Vikas Goswami, learned AGA appearing for the State contended the following:

1. It was submitted that the prosecutrix had not supported the case of the applicant as in her statement under Section 164 Cr.P.C., she had already supported the prosecution version.
2. It was further submitted that in the light of the law laid down in case of Gold Quest International Private Limited vs. State of Tamil Nadu and Others; (2014) 15 SCC 235, such heinous crime as under Section 376 IPC, cannot be compounded or proceedings, cannot be quashed merely because prosecutrix decides to marry the accused.
3. It was also argued that although the victim had stated that she wanted to marry the applicant, but the affidavit filed in this regard only contains thumb impression of victim and does not contain reciprocal sentiments of the accused.

Order of the court:

 

The learned bench of the court after taking into account the sentiments of the victim held that the Court is estopped from taking cognizance of any such compromise once the statements of the victim are read, as recorded under Section 164 Cr.P.C. before the Magistrate.

Therefore, bail application had failed and was dismissed.

source '  .latestlaws.com/

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