SC stays High Court’s order granting bail to accused of raping minor daughter


New Delhi
The Supreme Court has stayed the order of the Rajasthan High Court granting bail to a man accused of raping his minor daughter. At the same time, the court said that it is necessary for the accused to remain in jail in the interest of justice at least till the statements of the prosecution witnesses are recorded in the case. The top court directed the accused to surrender before the competent court within a week. The court pronounced the order on the girl’s plea challenging the High Court’s order in September last year granting bail to the victim’s father.

A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy said that the counsel appearing for the state has said that the hearing in the matter will begin in September this year and every effort will be made to complete it at the earliest. In its order dated August 16, the bench said, “We are, therefore, of the view that in the interest of justice and in accordance with the law, it is necessary for the defendant No. 2 (accused) to remain in prison at least till the time the statements of the prosecution witnesses are recorded.” Doesn’t happen.

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An FIR was lodged against the accused in April last year under the Indian Penal Code and the POCSO Act. The girl had alleged that the accused sexually harassed her when she was going to appear for her Class IV examinations and the trend continued. The top court said that the High Court in its order granting bail only took into account the aspect that the trial in the matter would go on for a very long time. The Supreme Court said, “However, this would be contrary to the directions that under the POCSO Act, cases have to be disposed of on priority.” No other reason was given.


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