Justice Hari Pal Verma of the Punjab and Haryana HC allowed a petition filed under Section 439 and Section 482 of CrPC.
An FIR was filed on 11/05/2019 against the petitioner under the provisions of Section 354 IPC and Protection of Children from Sexual Offences Act, 2012. The mother of the victim lodged an FIR stating that she had a fifteen year old girl who was allegedly raped by the petitioner. As per the complaint, the mother of the victim was returning home when she saw the petitioner escape in a hurry. The petitioner while escaping left behind his shoe and his cycle.
The Counsel for the petitioner, A.P.S. Sandhu and Parv Aggarwal, stated that the petitioner was an old man of about 80 years of age. The counsel furnished that this complainant was in the fashion of defiling the nature of other people for money. This claim has been put on record by the Sarpanch and many other people through affidavits. The petitioner in this case is an 80 year old man. The respondent was also unable to furnish any medical report that supported her claims.
The HC held that the claims made were of a very serious nature. The nature of the complaint held that the petitioner had committed rape on a 15 year old mentally unsound child. The complainant had alleged that this was not sudden since she had seen this man before at various other times of the day but had not complained earlier which makes the complainanat lose veracity. The Court held that since the petitioner in question was a man of 80 year old and the case had no end in near the future, the petitioner should be granted bail upon furnishing the necessary bail and surety bonds.
Gurnam Singh v. State of Haryana