The Delhi High Court has granted bail to a man accused of gang rape, who has been in jail for over seven years. Justice Dinesh Kumar Sharma ruled that the petitioner could not be kept in custody indefinitely while awaiting the outcome of the trial. The court noted that the two eyewitnesses examined in the case did not support the prosecution’s version of events.
While granting bail, the court emphasized that the prosecution had already presented its evidence, and two key eyewitnesses supported its case. However, the court note that only 13 of the 33 witnesses in the case examine, indicating that the trial could take a long time to conclude.
Arguments From The Defense
The petitioner, a rickshaw driver, represent pro bono by advocates Prashant and Kausar Khan. The defense argued that the case largely depended on the uncorroborated testimony of the accuser. They further pointed out that the forensic science laboratory (FSL) report did not support the prosecution’s case, strengthening their argument for bail.
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The prosecution, represented by the Additional Public Prosecutor for Delhi Police, opposed the bail request, citing the consistent corroborated statements made by the victim under oath. The prosecution also argued that granting bail posed a risk of the accused influencing the investigation or intimidating witnesses.
According to the Delhi Police status report dated February 2, 2017, the victim arrived at the Sunlight Colony police station and reported that she had come to New Delhi by train in October 2016. She claim that she met a man during her journey and subsequently sexually assault by him and several other individuals. Base on the victim’s statement, an FIR register under multiple sections of the Indian Penal Code, including 376 (rape), 363 (kidnapping), 366 (abduction), 506 (criminal intimidation), 328 (causing hurt by poison), and 34 (common intention).
During the investigation, two individuals arrest on February 3, 2017, in connection with the crime.
As the trial continues, the accused will remain out on bail while the legal process moves forward.
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