SC Grants Bail to Octogenarian Rape Accused
SC Grants Bail to Octogenarian Rape Accused.
A bench comprising of Justice Sanjay Kishan Kaul and Justice Ajay Rastogi of the Supreme Court of India granted bail to an octogenarian rape accused after noticing that the DNA report from the West Bengal Police, showed that he not the father of the child born to the rape victim.
The accused was booked under the POSCO Act for allegedly raping a minor, the girl delivered the baby on 5th of July 2020. The Calcutta High Court denied bail to the accused after which he moved to Supreme Court with a SLP, in which he mentioned that he is falsely accused and his willing to undergo the DNA test to substantiate his claims, while the case is still pending in the High Court.
The accused is represented by senior Advocate Kapil Sibal, he submitted that the accused is 84 years and is incapable of sexual activities and that the rape victim and her father have falsely implicated the accused because of an ongoing land owner-tenant dispute going on between them.
The bench said,
“The DNA report does not show that the appellant is the father of the child born. In the view of the aforesaid, we have no hesitation in saying that the appellant should be enlarged on bail on the terms and conditions to the satisfaction of the Trail court”
The senior advocate also asked for compensation, the bench has agreed to this and said that it will be open to take necessary steps in accordance with law claiming compensation.
The accused has been granted bail after spending 3 months in jail
( By Andrea Dsilva)
SC Grants Bail to Octogenarian Rape Accused.
