"Victim Was Mercilessly Butchered; Lady Folk Not A Commodity To Be Used In Such Fashion": Allahabad HC Denies Bail To Gang-Rape Accused

The Allahabad High Court recently denied bail to a Gang-Rape accused while noting that the accused was involved in the September 2020 incident, wherein the rape victim's body was "mercilessly butchered and mashed by primitive homo sapiens" (sic).

Importantly, stressing that the lady folk is not a commodity to be used in such a fashion, the Bench of Justice Rahul Chaturvedi rejected the bail application noting that the offence allegedly committed by the accused deserved no sympathy in a civilized society.

The matter in brief

The Court was hearing a criminal appeal filed against the judgment and order passed by Special Jude SC/ST Act, Meerut rejecting the bail application of one Vashu, who is facing the prosecution in a case registered against him u/s 376-D, 377, 323, 504, 506 IPC and section 3(2) (v) of SC/ST Act.

As per the FIR registered in the matter, on September 14, 2020, one Raghav Tyagi gave a lift to the victim in his car and took her to some secluded place where he along with two other persons brutally assaulted her and left her after committing rape upon her.

In her statement recorded u/s 161 Cr.P.C., the Victim broadly reiterated the prosecution story mentioned in the FIR and she also stated that she was often the subject matter of harassment on the mobile phone by the named accused persons.

She also mentioned that soon after sitting in the car, she found two other persons sitting in the car and the driver of the car suddenly started the vehicle, and thereafter, all the persons mercilessly committed the heinous offence of rape as well as sodomy with her in a most abhorring way. She also identified the present applicant Vasu among all the three assailants. 

Court's observations

The Court, at the outset, noted that in her statement recorded u/s 164 Cr.P.C., her allegations against Rajat Tyagi @ Raghav Tyagi, Vasu were consistent. On the other hand, the Court also took into account the FSL report which indicated that the girl was the subject matter of rape.

Further, noting the statements under sections 161 and 164 CrPC, the court observed thus:

"...in no uncertain terms she has indicted the appellant in commission of the offence. The way and the manner of her psychic and soul and in addition to her body was mercilessly butchered and mashed by the named three primitive homoceepians is not acceptable in a civilized society. The lady folk are not a commodity to be used in such a fashion and thus, deserves no sympathy in a civilized society."

Lastly, underscoring that the prosecution story, victims' statement u/s 161 Cr.P.C. before the doctor, the medical report, and her statement u/s 164 Cr.P.C. when put in a linear way clearly indicates the involvement of the appellant in the unfathomable sin.

Therefore, the Court found no perversity and illegality in the trial court's order denying bail to the accused, Vashu, and therefore, the Court rejected the appeal.

Case title - Vashu v. State Of Up And 2 Others

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