13 Aug 2021 5:28 AM GMT
The Gujarat High Court last week ordered the release of a rape convict on bail by suspending his sentence while noting that the alleged victim admitted that she, on her own, married, started living with him, and even gave birth to his two children. Commenting upon the conviction judgment and order passed against the man, the Bench of Justice Paresh Upadhyay orally observed...
The Gujarat High Court last week ordered the release of a rape convict on bail by suspending his sentence while noting that the alleged victim admitted that she, on her own, married, started living with him, and even gave birth to his two children.
Commenting upon the conviction judgment and order passed against the man, the Bench of Justice Paresh Upadhyay orally observed in Gujarati thus:
"Implementation of law with the complete non-application of mind…we have to think over such matters collectively. I can't find fault with the trial court because it was under obligation to implement the law, even the prosecution can't be blamed."
The Man and the 'victim' were even living together during the pendency of trial as the man was out on bail and even the trial court took note of this fact that the man and the 'victim' were living with each other as husband-wife and they even had kids.
Calling it the glaring aspect of the matter, the Court noted that neither the mother ('victim') nor the father (rape convict) of the two children disowned their birth nor paternity and still, the Court added, the father is convicted inter alia under Section 376 of the Indian Penal Code and is ordered to undergo RI for 10 years.
In fact, the Sessions Court was also conscious of the fact that victim and man had married each other, since it noted in its judgment that both are staying as husband and wife and thus, any compensation/assistance received from any of the Government(s) needs to be refunded.
"System is laughing at us that a girl who is more than 16 year of age, on her own married the man and gave birth to his children, and his husband has been convicted of rape and is in jail," Justice Upadhyay orally observed In Gujarati.
"She was not victim vis-à-vis this accused, she is a victim vis-à-vis our system," the Court further added.
Consequently, in these circumstances, the Court ruled that the present appellant shouldn't continue to be in custody any further.
Importantly, the court remarked:
"…wider issue about the sustainability of convictions in the cases with such factual background may also require scrutiny by this Court, which may be gone into at a later stage."
Resultantly, it was ordered that the sentence imposed on the applicant by the Special Judge (POCSO) and 3rd Additional Sessions Judge, Junagadh under Section 376 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act shall remain suspended during the pendency of the appeal.
The Court noted that though he needs to be released on bail without any condition, however, the Court added that with a view to see that procedurally there is no difficulty for him, it is ordered that the applicant shall be released on bail on his furnishing personal bond of Rs.100/-.
Case title - Ashwinbhai @ Raj Ranchhodbhai Poyala Versus State Of Gujarat
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