NEW DELHI: The Delhi High Court has granted bail to an accused in a gang rape case, citing a lack of corroborative evidence from key eyewitnesses and the prolonged detention of the accused for over seven years.
Justice Dinesh Kumar Sharma, presiding over the matter, noted that two primary eyewitnesses, identified as PW4 (Prime Witness) and PW5, did not support the prosecution’s narrative. With only 13 of 33 witnesses examined so far, the court emphasized that indefinite incarceration during a pending trial was unjustifiable.
The petitioner, a rickshaw puller, was represented pro bono by advocates Prashant Prakash and Qausar Khan. The defense argued that the case relied solely on the uncorroborated testimony of the victim and highlighted that the forensic report did not substantiate the allegations.
Opposing the bail plea, the Additional Public Prosecutor contended that the victim’s consistent statements on oath supported the prosecution’s case and warned that the accused’s release could jeopardize the trial. The case stems from an FIR registered in 2017 at Sunlight Colony Police Station. The victim alleged she was gang-raped in October 2016 after arriving at New Delhi Railway Station, leading to charges under IPC Sections 376, 363, 366, 506, and 328, as well as Section 6 of the POCSO Act.
Two accused were arrested on February 3, 2017 and potency tests were conducted on both accused. The victim’s statement was recorded under Section 164 CrPC by the Metropolitan Magistrate, where she reaffirmed her previous statement. While granting bail, the court underscored the principle that a prolonged pre-trial detention, especially amid weak supporting evidence, undermines the fundamental right to a fair and speedy trial.
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