authority on rape case.
RAKHI BUDHIRAJA ADVOCATE
(Querist) 12 August 2008
This query is : Resolved
one who is falsley implicated in a case u/s 376 ipc, SIMEN report is awaited. But as per MLC no external injury has been found upon the body of accused. N the accused is in J.C. for the last 6 months. The lawyers r stating that the accused would not be granted bail untill the evidence of the victim.The victim is aged about 17 yrs. as per her parents.
Is it not against the right to frredom?
Plz. provide me the autority to get him release on bail.
deepak kumar
(Expert) 13 August 2008
generally if the victim supports the factum of rape in her statement before police then the medical evidence is not given much importance in rape cases. However if from the attending circumstances and statement of other witnesses you are able to show your innocence then there is a chance of bail.
You have mentiond the age of the victim is it your case that there was an affair betwen the two? if it is so then the girl will be a consenting party
RAKHI BUDHIRAJA ADVOCATE
(Querist) 13 August 2008
whether the statement of victim before the Police officials is admissible as evidence.It may be manufactured.
plz. give any judgement as the accused is in jc for the last 6 months.
can I mention the infringement of right of freedom of the accused in bail application?
deepak kumar
(Expert) 13 August 2008
for the purposes of bail the statement of victim before police would be very relevant unless her statement has been taken on oath.
in my humble opinion keeping a person who is accused of a heinous crime in custody will not be an infringement of right of freedom as he is in custody under valid remand and under lawful authority
advocatesdiary.blogspot.com
Srinivas.B.S.S.T
(Expert) 14 August 2008
A person who is accused of a crime is not a culprit unless until the prosecution proves hs guilt beyond reasonable doubt. In cases of 376 IPC generally the courts will not grant bail unless and until the forensic report/medical report is received by the court. So in your case if the medical report has not reached the court then the only option is to keep filing the bail petitions at regular intervals and keep your fingers crossed.
K.C.Suresh
(Expert) 14 August 2008
Dear Rakhi, Medical evidence is only an opinion. The prosicutrix's evidence is valid and meterial. If the prosecution has not filed the charge within 90 days the accused will get bail what so ever the condition is. Why 6 months in jail? If the Majistrate is reluctant to grant bail approach the Higher court.
