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"The hands of father and brother meant to protect the dignity of his daughter and sister became weapons of her destruction," said the court
In a case involving a shocking 'betrayal of blood and trust', the Allahabad High Court has denied bail to an accused who allegedly along with his father raped his sister, resulting in her pregnancy.
The bench of Justice Sanjay Kumar Singh said, "It is a case of an unforgivable betrayal of blood and trust. The hands of father and brother meant to protect the dignity of his daughter and sister became weapons of her destruction".
The accused namely Pramod, sought relief under Section 439 of the CrPC. The charges against him included rape, assault, and criminal intimidation under Sections 376, 323, and 506 of the Indian Penal Code.
The victim had filed an FIR in March 2019, alleging that both her brother (the applicant) and her father had been subjecting her to sexual abuse for 3-4 years. She also revealed that her attempts to report the abuse were met with threats, and her pregnancy, confirmed to be five months along at the time, resulted from the assaults. The situation escalated to a breaking point when she courageously reported the matter through the women's helpline number, 1090.
The applicant's counsel argued that Pramod was falsely implicated and had been languishing in jail since April 2019. They emphasized the protracted nature of the trial, seeking bail based on the duration of his incarceration. In contrast, the prosecution vehemently opposed the bail plea, highlighting the corroboration of the victim's allegations through medical evidence, which revealed she was 28 weeks pregnant during her examination. Furthermore, the victim's consistent testimony implicated the accused and underscored the heinous nature of the crime.
In his judgment, Justice Singh labeled the case as an "unforgivable betrayal of blood and trust," emphasizing the severity of the allegations, wherein the roles of protector were grotesquely reversed.
Court referred to the Supreme Court's 2024 ruling in X vs. State of Rajasthan, which underscores the principle of denying bail in cases involving heinous offences if the trial has commenced.
Acknowledging the gravity of the offence, the High Court refused to grant bail to Pramod, citing the need to ensure justice for the victim.
Simultaneously, court directed the Senior Superintendent of Police, Meerut, to expedite the trial by ensuring the appearance of prosecution witnesses. The trial court was also asked to record witness statements on the scheduled dates without unnecessary adjournments, emphasizing the need for a swift conclusion to the case.
Case Title: Pramod Vs. State of U.P.
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