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"Victim Girl & Accused Are State's Future Assets, Talented": Gauhati High Court Grants Bail To Student In IIT Rape Case

Sparsh Upadhyay
23 Aug 2021 8:38 AM GMT
Victim Girl & Accused Are States Future Assets, Talented: Gauhati High Court Grants Bail To Student In IIT Rape Case
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The Gauhati High Court recently granted bail to a student who is an accused in the IIT, Guwahati rape case, noting that being a talented student, the accused is the state's future asset. The bench of Justice Ajit Borthakur, however, did hold that prima facie, an offence of rape had been made of against the student-accused who has been charge-sheeted under Sections 376/328/307/120B...

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The Gauhati High Court recently granted bail to a student who is an accused in the IIT, Guwahati rape case, noting that being a talented student, the accused is the state's future asset.

The bench of Justice Ajit Borthakur, however, did hold that prima facie, an offence of rape had been made of against the student-accused who has been charge-sheeted under Sections 376/328/307/120B of the IPC.

"However, as the investigation in the case is completed and both the informant/victim girl and the accused are the state's future assets being talented students pursuing technical courses at the I.I.T., Guwahati, who are young in the age group of 19 to 21 years only and further, they are being hailed from two different states, the continuation of detention of the accused in the interest of trial of the case, if charges are framed, may not be necessary," remarked the Court while granting him bail.

The case in brief

As per the prosecution's case, on March 28, 2021 at around 9 p.m., the accused, a student of I.I.T., Guwahati lured the informant/victim a female student of the same educational institution to a school premises.

She was taken there by the accused student on the pretext of discussing her responsibility as the Joint Secretary of the Finance and Economic Club of the students of the I.I.T., Guwahati.

However, after making her unconscious, by forcibly administering alcohol, the accused committed raped on her, and the victim regained her consciousness only at around 5 a.m. the next morning.

She underwent treatment and forensic examination etc. at Guwahati Medical College and Hospital (G.M.C.H.), Guwahati, and thereafter, she was discharged from G.M.C.H., Guwahati on 29.03.2021 and then shifted to the Hospital at IIT, Guwahati where the underwent treatment till 03.04.2021.

Court's observations

Having heard the counsels for both sides with reference to the relevant documents such as F.I.R., medical report, and statements under Sections 161 and 164 Cr.P.C., the contents of the charge-sheet, the Fact-Finding Committee Report etc., the Court noted that there is a clear prima facie case as alleged against the accused petitioner.

However, the Court took into account the following factors to grant bail to the accused:

  • The investigation in the case is complete;
  • Both the informant/victim girl and the accused are the state's future assets being talented students pursuing technical courses at the I.I.T., Guwahati;
  • They are young in the age group of 19 to 21 years only;
  • They belong to two different states; and
  • Continuation of detention of the accused in the interest of trial of the case, if charges are framed, may not be necessary.

Lastly, noting that there is no possibility of the accused tampering with their evidence or influencing them directly or indirectly, if released on bail, the Court ordered his release on bail.

Case title - Utsav Kadam v. State of Assam

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