Updated: January 7, 2022 6:36:43 pm
More than a year after the trial court granted bail to a 72-year-old man in a rape case, the Delhi High Court has directed the accused to surrender before jail authorities while withdrawing the concession granted to him. The septuagenarian is accused of raping a seven-year-old in April 2019.
“On prima facie view of the statements of the child victim during investigation and trial, as well as her MLC, this court is inclined to interfere with the impugned order granting bail to respondent No. 2, as the same suffers from perversity and is unsustainable under the facts and circumstances of the case,” said Justice Manoj Kumar Ohri in an order.
The victim through her family had challenged the bail order dated August 8, 2020. Her mother, in the complaint before police in 2019, had alleged that her daughter was raped by her friend’s grandfather.
The accused has been booked under Section 376/506 IPC and Section 4 of the POCSO Act. The counsel representing the accused argued before the court that he has been falsely implicated in the case. The accused was in custody between April 2019 and August 2020.
Justice Ohri took note of the victim’s statement before the trial court in which she had identified the accused and also deposed that he had taken her to a staircase by stating that he would give her chips. “She further deposed that he had inserted his finger in her private part and threatened to kill her if she disclosed the incident to her mother. She also deposed that respondent No. 2 had committed a similar act on an earlier occasion as well,” reads the order.
The court also said that the victim, during cross-examination, denied the suggestion that she was deposing falsely at the instance of her mother or that no such incident had taken place. “The concession of regular bail granted to respondent No. 2 stands withdrawn. The bail bonds are cancelled, and respondent No. 2 is directed to surrender before the jail authority concerned forthwith,” it said.
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