Lawstreet Journal

If Final Report Is Not Filed Within 60 Days, the Accused u/s 511 r/w 376 IPC Entitled to Statutory Bail: Kerala HC [READ ORDER]

Lawstreet Journal 1 Sep 2020 11:09pm

Image courtesy: Lawstreet Journal Judiciary If Final Report Is Not Filed Within 60 Days, the Accused u/s 511 r/w 376 IPC Entitled to Statutory Bail: Kerala HC [READ ORDER]

A case was filed “under section 511 (Punishment for attempting to commit offenses punishable with imprisonment for life or other imprisonments) of 376 (Punishment for rape) and 511 of 306 (Abetment of suicide) of IPC”. The case was that the accused was the relative of the husband of the victim and he used to visit the complainant’s house occasionally and stay there. It was alleged that on 18/06/20 the accused went to the house of the complainant and stayed there till 4 pm. Then he left the house and came back at 8:30 pm and stayed in the house. The next morning when the husband of the defacto complainant left for work the accused came out of the room and tried to commit rape upon the defacto complainant. When she resisted the accused continued the attempt after which the victim poured kerosene on her body and set fire. The accused was arrested on 19/06/20. 

A bail application was filed under section 439 of Cr.P.C by counsel for the accused on the ground that the accused is entitled statutory bail “under Section 167(2)(a)(ii) of Cr.P.C” in Kerala High Court. The counsel argued that as per Section 511 of IPC if no express provision is made by the Code for the punishment of an attempt to commit an offense, the sentence that can be imposed is one half of the longest term of imprisonment for which he can be convicted for the main offense. The counsel submitted that the petitioner was arrested on… Continue Reading...

Tagged: kerala high court  
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