MP HC Confer Bail To Rape Accused After Prosecutrix Fails To Appear Before In Trial Court Thrice [Read Order]

Update: 2017-05-22 16:19 GMT
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A single bench of Madhya Pradesh High Court takes serious note of the prosecutrix deliberately did not turned up before the trial court on multiple occasions granted bail to a person arrested in the rape case.The accused filed second appeal seeking bail was arrested for offences under sections 376, 341, 354-C, 354-D, 506-B of IPC and section 67 of IT Act and section 3(2)(v) of SC/ST...

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A single bench of Madhya Pradesh High Court takes serious note of the prosecutrix deliberately did not turned up before the trial court on multiple occasions granted bail to a person arrested in the rape case.

The accused filed second appeal seeking bail was arrested for offences under sections 376, 341, 354-C, 354-D, 506-B of IPC and section 67 of IT Act and section 3(2)(v) of SC/ST (Prevention of Atrocities) Act in a case registered at police station Waraseoni in district Balaghat.

The appellant placed on record the trial court orders dated 11.05.2017, 12.05.2017 and 15.05.2017 where the prosecutrix did not appeared before the trial court.

Taking serious note of the fact, Justice Atul Sreedharan observed “it appears that the prosecutrix is deliberately refraining from appearing and giving evidence before the trial court in order to extend the period of incarceration”.

Read the Order here.

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