Mere Delay In FIR Doesn't Entitle Accused To Bail: HP High Court Rejects Plea By Hospital Employees Accused Of Raping 13-Yr-Old House Help
The Himachal Pradesh High Court recently denied bail to two persons accused of raping their employer's 13 years old domestic helper. The single bench of Justice Satyen Vaidya said that the offence alleged is of serious and grave nature and mere delay in lodging the FIR will not help the petitioners in their prayer for bail.The petitioners, one aged 29 years and another 36 years, were...
The Himachal Pradesh High Court recently denied bail to two persons accused of raping their employer's 13 years old domestic helper. The single bench of Justice Satyen Vaidya said that the offence alleged is of serious and grave nature and mere delay in lodging the FIR will not help the petitioners in their prayer for bail.
The petitioners, one aged 29 years and another 36 years, were employees of Chaudhary Hospital. The victim herein worked as house help at the hospital owner's residence. It was alleged that the offence was committed by accused at the owner's house, after threatening the victim. The incident came to light after the owner's daughter found the victim giddy and puking.
The petitioners were booked under Sections 376-DA and 506 of the IPC and Section 6 of the POCSO Act. The alleged offence was committed on 24th May and the FIR was lodged on 31st May, i.e., within seven days.
The petitioners argued that the delay in lodging the FIR was suggestive of the falsity of allegations levelled against them. They also submitted that had the allegations been truthful, the alleged victim would have raised 'hue and cry' and would have reported it to someone.
Rejecting this contention, the High Court said,
"Petitioner Dinesh Kumar alias Bittu is 36 years old and petitioner Amir Khan is aged about 29 years. The offences alleged against them undoubtedly are of serious and heinous nature. This gains more importance when one looks at the age difference between the victim and the petitioners. No plausible reason has been made out at least prima-facie on behalf of the petitioners to cast any doubt on the prosecution story at this stage. Mere delay in lodging the FIR will not help the petitioners in their prayer for bail. Keeping in view the age of the victim and she having been allegedly put into fear of life, the delay in lodging the FIR can be said to be explainable during trial."
Adding that the Petitioners may try to influence the victim if released on bail, the Court dismissed their pleas.
Case Titles: Dinesh Kumar Sharma @ Bittu v. State of Himachal Pradesh and Amir Khan v. State of Himachal Pradesh
Citations: Criminal Misc. Petition (Main) No. 2044 of 2022 and Criminal Misc. Petition (Main) No. 2045 of 2022
Coram: Justice Satyen Vaidya
Citation: 2022 LiveLaw (HP) 38