A Delhi court granted anticipatory bail to a rape accused after he offered to do community service and teach poor children even though the court admitted that he was otherwise not entitled for ‘concession’ at this stage.
A Delhi court granted anticipatory bail to a rape accused after he offered to do community service and teach poor children even though the court admitted that he was otherwise not entitled for ‘concession’ at this stage.
According to reports, the man, a 26-year-old MBA student, is accused of raping a woman and forcibly administering a tablet for abortion.
Ironically, the Special Judge Jitendra Kumar Mishra himself observed that the accused is not entitled for ‘concession’ at this stage as per laws laid down by the Supreme Court as well as the ‘observations’ made by the High Court.
Also, the additional public prosecutor (APP) opposed the bail, stating that the case is still at investigation stage. “There is apprehension the accused may hamper the investigation… influence the witness, including the complainant,” the APP submitted.
The case was registered in Shahbad Dairy police station under IPC sections 376 (rape) and 313 (causing miscarriage without woman’s consent) onJanuary 21.
According to the FIR, the accused continued to sexually assault the woman for a year following which she got pregnant. The accused forcibly fed her with a tablet to abort the foetus, as reported by the newspaper, DNA.
In the court, the counsel for the accused submitted that the allegations by the complainant woman were ‘false’ and said the woman was a consenting party and was well aware of the fact that the marriage was “not solemnised”. “Therefore, when either party does not want to marry, the other party cannot forcefully impose marriage on the applicant,” he said, as quoted by Express.
After hearing the argument, the judge released the accused on anticipatory bail.
“The applicant himself offered community services and to teach economically weaker sections, and contribute his services as scheduled by the IO (investigation officer). Let the applicant (accused) be released on anticipatory bail,” the judge said, as quoted by The Indian Express.
The court said the accused will have to teach five days a week for six months. These days, he will have to teach underprivileged children from 9 am to 1 pm, and has to inform the area councillor so that he can make optimum use of his services. “In case there is a breach on the part of the accused, the IO is at liberty to move plea for cancellation of bail,” the court said.