"Her Body Was Butchered, Personality Crushed; Most Inhuman Offence": Allahabad High Court Denies Bail To Gang-Rape Accused

The Allahabad High Court recently denied bail to an Accused in the 2019 Jhunsi Gang Rape case, noting that he, after taking the ill-advantage of his masculinity, overpowered the poor victim and has butchered her physical body. Noting that the accused deserved no sympathy, the Bench of Justice Rahul Chaturvedi termed it as the most inhuman and abhorring offence where the entire personality of the victim was crushed by none other than the accused. The Case in brief As per the prosecution's case, when the vicitm was traveling in the bus, the applicant with two named accused persons and 6-7 unknown persons intercepted the bus and forcibly de-boarded the girl from the bus. Thereafter, she was taken to some unknown destination, wherein they committed sexual assault upon her and en route, they also looted her golden ornaments, cash amount and mobile and thereafter, in the stage of intoxication, ravished her one by one, and lastly, extended threats not to share the incident with anyone else they would kill her. Importantly, in her 164 Cr.P.C. Statement, she stated that after sneaking from the clutches of applicants, she informed the police who conducted a raid over the premises and found the applicant in the stage of intoxication, in a naked condition. Also, in her 164 Cr.P.C. Statement, the victim stated that both (girl and the applicant) were in acquaintance with each other for the last one year and on the earlier occasions too, the applicant had assaulted her sexually and had taken her certain obscene videos. Allegedly, after showing those videos, she was being blackmailed and the applicant repeatedly established sexual relationships with her. In her 161 CrPC Statement, given to the police, she also mentioned the fact that all the accused persons besides committing rape with her repeatedly, also physically assaulted her and gave her burn injuries by cigarette. Court's observations At the outset, the Court perused her medical and the F.S.L. Report and noted that there were signs of physical violence over her hand, belt, elbow, nose, and cheeks. In addition to it, there was a burn injury by the cigarette. The Court also noted that her FSL examination indicated that she was the subject of brutal and merciless sexual assault. Significantly, the Court keenly analyzed her statements recorded under Section 161 and 164 Cr.P.C., to observe thus: "…it is clearly borne out that the applicant is the person who has made this misadventure with the victim on the earlier occasion too and ravished her time and again after blackmailing her. This time, the applicant crossed all the limits of brutality and after de-boarding the victim from running bus and mercilessly assaulted her body and soul, against her wish and desire." In this backdrop, the Court opined that there was no iota of evidence that she was in a consensual relationship with the applicant and that, it was not the case of mistaken identity or case of false implication of the applicant by the victim. "She was taken out from running bus, thereafter, forcibly intoxicated and then time and again she was sexually assaulted by the applicant in the stage of helplessness," observed the Court while rejected the bail plea of the accused. However, the Court has asked the Trial court to expeditiously decide the case, preferably within a period of 1-1/2 years. Case title - Shivsagar Yadav v. State of U.P. Click here To Download OrderRead Order

"Her Body Was Butchered, Personality Crushed; Most Inhuman Offence": Allahabad High Court Denies Bail To Gang-Rape Accused

Sparsh Upadhyay

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