HC: Rape is an extremely heinous offence that stipulates minimum punishment of 7 years

  

On 21^st October, a bench of Delhi High Court consisting of Justice Subramoniam Prasad, while hearing a bail application it was held that rape is an extremely heinous offence which stipulates minimum punishment of 7 years and can go up to life. The bench also stated that rape is not merely a physical assault; it is often destructive of the whole personality of the survivor. The act of rape has the ability to scar the mental psyche of the survivor and this trauma can persist for years.

Facts of the case:

The petitioner has filed the instant petition under Section 439 Cr.P.C seeking bail in FIR No.354/2020 dated 01.08.2020, registered at Police Station Jyoti Nagar for offences under Sections 323/376/506/313/377/354/34 IPC. The instant FIR was lodged on the statement of the prosecutrix wherein she stated that she got married to one Asheem Raja S/o Shri Ahshan Ali. It was stated that after sometime her in-laws started to harass her but she remained silent. It is stated that the husband of the prosecutrix remained out of house for several days and only the prosecutrix and the petitioner used to reside in the house and he caught hold of her hand, and pulled her towards him and raped her.

Contention of the petitioner:

Mr. Gaurav Kochar, learned counsel for the petitioner submitted by the following:

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1. It was submitted that the prosecutrix has made allegations against the petitioner who is the father-in law and also against the brother-in-law and that the prosecutrix has refused to have internal examination.
2. It was also stated that it has been a year and three months since the petitioner has been in custody i.e. since 01.08.2020 and that in the present circumstances, it is unlikely that the trial will commence in the near future. The learned counsel for the petitioner, therefore, submits that the petitioner ought to be granted bail.

Contention of the respondents:

1. Ms. Kusum Dhalla, learned APP for the State contended that the petitioner is the father-in-law of the prosecutrix who is accused of a very serious offence. She alsostated that the petitioner might threaten the prosecutrix if granted bail.
2. Mr. Yogesh Gaur, learned counsel for the complainant, also opposes the bail by contending that the prosecutrix was harassed by her husband, her father-in-law and her brother-in-law. He further stated that the petitioner has raped the prosecutrix and therefore bail ought not to be granted to him.

Observation and judgment of the court:

The following contention has been submitted by the hon’ble court:

1. Rape is an extremely heinous offence that stipulates minimum punishment of 7 years and can go up to life.
2. The act of rape has the ability to scar the mental psyche of the survivor and this trauma can persist for years.
3. The petitioner is the father-in-law of the prosecutrix, the possibility of threatening the prosecutrix cannot be ruled out at this juncture.

Thus, the bail application was dismissed in light of the above.

 

source ; /www.latestlaws.com/ 

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