Victim Was Not Questioned About Pregnancy; Poor Quality Of Investigation & Supervision: Allahabad HC Grants Bail In Rape Case
The Allahabad High Court granted bail in a rape case calling out the poor quality of investigation as well as supervision by the investigating officer who did not question the victim about her pregnancy.
The Bench directed the D.G.P., U.P., Lucknow to file an affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing of the case.
A Single Bench of Justice Rajeev Singh observed, “This is a peculiar case of poor quality of investigation as well as supervision. In the present case, it is found that victim is aged about 14 years and in the ultra sound report, it is also observed that she was carrying pregnancy of nine weeks but no any specific question was asked about her pregnancy by Investigating Officer and same was also not observed by the Supervising Officer.”
Advocate Smriti represented the applicant, while A.G.A. Bhanu Pratap Singh appeared for the opposite party.
The applicant was accused under Sections 363, 366 and 376(3) of the IPC, and Section 5(j)(2)/6 of the POCSO Act. The prayer for grant of bail was opposed on the grounds that the applicant had confessed to physical intimation with the victim and her parents.
The case of the prosecution was that an F.I.R. was lodged by brother of the victim with the allegation that when victim was not found in her house, search was made but since no information could be gathered, missing report was lodged against unknown persons under Section 363 of the I.P.C. The victim was recovered later and appeared in the police station and moved an application with the averment that she was aged about 20 years. She also stated that as she was being scolded by her mother, she left her house due to annoyance and went to the house of her aunt at Kanpur. She further stated that she herself came to the police station.
Thereafter, she was produced before the doctor and in her ossification test, her age was found to be 15 years. It is further submitted that during the medico-legal examination, her hymen was found torn and healed, and no internal injury was found. He also submits that her vaginal swab was also collected for D.N.A. and sent for examination. In the ultrasound report, it was found that the victim was carrying a pregnancy of nine weeks.
During the bail proceedings, the Court noted that the victim, initially reported missing, was later found to be pregnant, a fact established through an ultrasound report indicating nine weeks of pregnancy.
The Court granted bail to the applicant noting the statement of the victim recorded under Section 161 as well as 164 Cr.P.C.
Consequently, the Court held that “it is evident that victim has not supported the prosecution version in her deposition, therefore, I am of the view that the applicant is entitled to be released on bail.”
Accordingly, the High Court listed the matter for hearing on July 27, 2024.
Cause Title: Ramchandra Yadav v. State Of U.P. & Ors. (Neutral Citation: 2024:AHC-LKO:43949)