Lawstreet Journal

High Court Denies Bail to Gang-rape accused; Says non-matching DNA reports don’t prove innocence

Lawstreet Journal 25 Jul 2020 6:51pm

Image courtesy: Lawstreet Journal Judiciary High Court Denies Bail to Gang-rape accused; Says non-matching DNA reports don’t prove innocence

The High Court of Punjab and Haryana denied bail to an accused of gang-rape. 

It said-

“Merely because the DNA report (of the rape victim) does not match with the petitioner cannot be termed to be a circumstance to conclude that the petitioner is not involved in the crime”

The matter, listed before the bench of Justice Vivek Puri, was regarding bail in regard to an FIR dated 4th May 2018 under multiple sections of the Indian Penal Code, 1860 along with sections 6 and 7 of the Protection of Children from Sexual Offences Act, 2012

The bench took into the record that the report was filed by the complainant when his daughter visited the accused’s shop to provide tea, was kidnapped by 3 persons. When the complainant tried to find her, she was found in a room with these people. Furthermore, she alleged that she was subjected to gang rape and death threats in the even she disclosed information about the incident.

The counsel appearing on behalf of the petitioner contended that he was found during the course of the investigation and was summoned under Section 319 of the Code of Criminal Procedure, 1973. He also pointed out the fact that another accused, Sonu, was granted bail by the court. 

The counsel appearing on behalf of the state argued that the petitioner was not on par with Sonu and urged that it was a case of gang rape as the victim had provided… Continue Reading...

Tagged: Punjab and Haryana High Court  
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