The Additional District and Sessions Court of Chandigarh on Saturday granted bail to an auto rickshaw driver who along with one other person allegedly gang raped a woman in July 2019.
The accused, Mukesh Kumar (23), a resident of Ramdarbar, was granted bail by the district court on furnishing a bail bond of Rs one lakh. As per the Prosecution, the case dates back to 2019, when the woman had alleged to the police that on the intervening night of July 5 and July 6, at about 3 am, she along with her three-year-old daughter, hired an auto from Railway Station, Chandigarh to Sector 82 Mohali (Punjab).
According to the victim the accused auto driver offered her meals for her younger daughter saying that his house was nearby and he would drop them after having meals.After that, the accused took her to his house at Phase-II Ram Darbar, Chandigarh and kept her there for two days, where she was allegedly raped by Mukesh and his uncle Ravi Kumar (40). After that, the accused dropped the woman and her child at Chawla Chowk, Mohali on the midnight of July 7, 2019.The accused were later arrested by the Police under sections 376(1), 376 (2) (N), 376 D, 341, 34 of the Indian Penal Code (IPC), registered at the Sector 31 police station, Chandigarh. The accused Ravi Kumar was a security guard at Air Force quarters at Sector 31, Chandigarh, while Mukesh was an auto rickshaw driver and is married, with three children.
Section 376(1) in The Indian Penal Code
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
Section 376(2) in The Indian Penal Code
(a) being a police officer commits rape—
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
- Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
- Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
In this incident after looking into the facts and statement given by the complainant and the respondent the judgement though has been given in the favour of the accused person but there we cannot also ignore the fact that the lady was having a 3 year old child with her, the child might be very hungry for which the driver has offered the food to her which being a mother she was not able to reject offer made by the auto driver and because of this mistake she became the prey of the accused person as what will be her intention to blame that driver who was also unknown to that women. On the other hand the drivers guilty was not proved and he was released on bail, it might have happened that while dropping the victim to her home victim and the accused had an argument between them for which the victim wanted to defame the accused due to not agreeing her.
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In the bail plea, the defence counsel, Advocate Danishwar Ali, argued that Mukesh did not know the complainant and that she was just like any other passenger. She sat in his auto along with her daughter and he dropped her near the jhuggies at Sector 82, Mohali, and that she had levelled false allegations of rape against him. To his utter surprise, the police came to his place and told him that the woman had given a complaint of rape against him. It was also argued that it was very strange that a woman who is not known to a person, will go along with him for breakfast at his residence and will also have free ride, and thus the accused had been falsely implicated in the case. The court thus, after hearing the plea, granted bail to the accused.
Also Read- Bail in Promise to Marry Rape Cases is RARE
For case specific advice, please contact Best Criminal Lawyers of Chandigarh Panchkula Mohali for rape related cases in High Court Punjab Haryana, & District Courts.
This post is written Aman Dube.
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