Victim Belongs To Poor, Orthodox Strata Where Sexual Assault Of Unmarried Woman Is Stigma: P & H HC Denies Pre-Arrest Bail To Rape Accused Despite 7 Months’ Delay In FIR

first_imgNews UpdatesVictim Belongs To Poor, Orthodox Strata Where Sexual Assault Of Unmarried Woman Is Stigma: P & H HC Denies Pre-Arrest Bail To Rape Accused Despite 7 Months’ Delay In FIR Mehal Jain30 Aug 2020 7:10 AMShare This – xThe Punjab and Haryana High Court on Thursday observed that a delay of even 7 months in reporting the incident of rape would not entitle the accused to anticipatory bail. “…the learned counsel for the petitioner has contended that there is a delay of about 7 months in approaching the police and reporting the matter, which puts a doubt on truthfulness of case of the prosecution…But…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Punjab and Haryana High Court on Thursday observed that a delay of even 7 months in reporting the incident of rape would not entitle the accused to anticipatory bail. “…the learned counsel for the petitioner has contended that there is a delay of about 7 months in approaching the police and reporting the matter, which puts a doubt on truthfulness of case of the prosecution…But such type of pleas are not much relevant while deciding a petition for grant of pre-arrest bail”, noted Justice H. S. Madaan. The Single Judge was of the view that while such grounds may have some merit and significance while determining the guilt of the accused during the trial, “but not in the present case to find entitlement of petitioner for grant of pre arrest bail”. The Single Bench further reflected that the complainant belonged to a “poor and orthodox” section of the society where a young “unmarried girl being subjected to sexual assault” by a person is taken as “some sort of stigma” on the girl and her family. “It requires a lot of moral courage to disclose the unfortunate incident and inform the police in that regard”, said the bench, explaining that, therefore, delay in such type of cases is not given much weightage. However, the bench clarified that the question is to be seen and decided by the trial Court on the basis of evidence available and other facts and circumstances. “The allegations against the petitioner are very grave and serious of molesting the complainant for a long time and then committing rape upon her several times and on one occasion getting such acts of forcible sexual intercourse photographed by his wife. The gravity and seriousness of allegations of raping a young girl do not warrant grant of concession of pre-arrest bail to the petitioner”, the bench expressed. The bench reiterated that anticipatory bail is a discretionary relief granted in exceptional cases to save the innocent persons from harassment and inconvenience and not to screen the culprits from custodial interrogation. “Custodial interrogation of the petitioner is definitely required for complete and effective investigation and to effect the recovery of money and documents. In case custodial interrogation of the petitioner is denied to the investigating agency that would leave many loose ends and gaps in the investigation affecting the investigation being carried out adversely which is not called for”, ruled the bench in denying pre-arrest bail.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Court of Appeal awards Jacqueline Theodore $1.5 million

first_img Sharing is caring! Share 81 Views   no discussions Tweet LocalNews Court of Appeal awards Jacqueline Theodore $1.5 million by: – April 30, 2012center_img Share Share Jacqueline TheoforeThe Eastern Caribbean Court of Appeal has awarded over $1.5 million compensation to former Parliamentary Secretary of the Castle Bruce constituency Jacqueline Theodore.Theodore filed a lawsuit against the government after heavy equipment entered her property in Calibishie for timber production in 1997.Francine Baron-Royer who was attorney general at that time argued that Theodore should be awarded $210,737.00 on the basis that the crops which were damaged should be valued as standard trees for agricultural purposes.However she was awarded $3.3 million by a Court appointed Assessment Board headed by Justice Hunte in 2011. That decision was appealed by the government through attorney general Levi Peter claiming that the assessment was beyond the amount which she should be paid.The Court of Appeal handed down their decision on Monday awarding Theodore for the damages to her property.Speaking to the press after the judgment was handed down Theodore’s lawyer Lennox Lawrence said he was pleased that the Court had “upheld” the principal of their evaluation.“The court was of the view that the timber should be evaluated on the basis of what they could have been used for”.He said his client felt that she was injured, her property was taken and successive governments did not award compensation. “At the last session of the Appeal Court the Attorney General was arguing for $210.000 to be awarded to my client and we were always of the view that that was a ridiculous sum and clearly by awarding over $1.5 million to her the court of appeal seem to have been of the same view”.When asked if he was satisfied with the judgment Lawrence said, “The principal is not the amount, but the basis of law which was used. Our primary interest is not the dollar amount but the principal of law which was utilized in arriving at compensation”.Meanwhile Theodore expressed disappointment to reporters after the decision was read.“I am not happy with the judgment; I was a happier person yesterday coming here with the expectation of $3.5 million with interest”.Dominica Vibes Newslast_img read more