The Supreme Court set aside a bail granted by Allahabad High Court to a rape accused.
'We are disturbed to notice the manner in which the High Court has casually released the accused on bail despite having noted that he was involved in other serious offences and had committed offence even while on bail', the bench comprising Justices AM Khanwilkar, BR Gavai and Hrishikesh Roy said while directing that the accused shall remain in jail in connection with another crime registered during the pendency of the trial of this case.
Rizwan was charged under Section 376 of Indian Penal Code and Sections 3 and 4 of the Prevention of Children from Sexual Offences Act.
Before the High Court, the accused had contended that the victim is aged about 17-18 years and she was having relationship with him on the false promises by him to marry with her. It was further contended that the victim understand the future and pre-marriage sex, even after knowing its result she was in consensual relationship from last one year with her fiancée.
Without expressing any opinion on the merits of the case, the High Court had found it to be a fit case for bail. Following this order, he was released on bail but again got arrested in connection with some other offence.
"It is reported that accused was released on bail after the High Court order but came to be arrested in connection with some other offence. That makes no difference. In our opinion, the impugned judgment cannot stand the test of judicial scrutiny." the bench observed while allowing the appeal filed by victim.