September 23, 2021

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Being present on the spot does not make someone accused of rape, the High Court granted bail in the gangrape case

 

Highlights

  • Hearing in the gang rape case held in South Delhi hotel last year
  • The victim’s friend’s boyfriend had filed bail plea in HC
  • High Court found that the allegation of rape was not made against the accused.

 

rape

New Delhi
The Delhi High Court has held that if the accused is not clearly involved in the gang-rape by any act, then mere presence at the scene is not sufficient cause for the charge of rape against him. The High Court made this observation while granting bail to a gangrape accused. Justice Mukta Gupta said in his order that an offense under section 376D of the IPC is made out when one or more persons proceeding with a common intention to commit the offense of rape.

Alleged gang rape in hotel room
The accused boy in the case had come to a party on the call of his girlfriend. The girlfriend’s friend had claimed that she was gang-raped. Some youths had formed a WhatsApp group for a “chilling out” session. Last year booked a room on air bnb in south delhi. Three people involved in this party are currently in jail.

Petitioner’s girlfriend was also made accused
The complainant girl alleged that she was cheated by her friends who had booked the room and was given narcotics. After this two boys raped her. The police also registered the petitioner’s girlfriend as an accused. The petitioner’s girlfriend was alleged to have facilitated the crime by closing the door. However, while granting bail to the accused youth, the High Court found that the girl who accused the rape had formed the WhatsApp group. He also created the initial program for Get-Together.

Not allegation of rape against allegation
The court said that there is no allegation against the petitioner that he raped the prosecution. The matter in this was that the petitioner and Ananya (petitioner’s girlfriend) were dating each other. The HC, while granting bail to one of the accused, said, the petitioner was invited to the party by his girlfriend. He doesn’t even know the victim girl.

Nothing was recovered from the seized mobile of the accused
In the case, the girl had alleged that when she regained consciousness, three men threatened her to keep quiet about the incident. The girl had said that the boys had said they had nude pictures and videos of her. The High Court observed that nothing was recovered from the mobile phones seized from the accused.

Being present on the spot does not make someone accused of rape, the High Court granted bail in the gangrape case

Being present on the spot does not make someone accused of rape, the High Court granted bail in the gangrape case

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