BANGALORE: The High Court on Tuesday granted bail to a 28-year-old youth, booked for raping a minor, as the complaint was filed after a year with no explanation for the delay.
According to the prosecution, Sunil, who worked in a food stall, was in a live-in relationship with the victim’s mother. The minor used to reside with her aunt, but had moved in with her mother. Her father had deserted them around eight years ago.
In a complaint lodged at Kumbalagodu police station on March 21 this year, the girl stated that in 2013, when she was in I PU, Sunil raped her when her mother was not around.
She alleged that Sunil continued to rape her for a year and threatened to release her nude pictures if she confided in anyone. The victim had also alleged that she had conceived once and had to undergo an abortion.
Sunil’s advocate argued that the youth had been falsely implicated by the victim at her mother’s behest. The advocate contended that the delay in filing a complaint indicated the victim’s consent. Moreover, he argued, the investigation of the case was over and police had filed a chargesheet.
The public prosecutor, however, objected to granting of bail stating that the girl is a minor and the medical report indicated that she suffered sexual assault. But the defendant’s counsel countered that the medical report indicated only past sexual intercourse and not in recent times.
The court observed that the complaint, filed after a year, indicated that the girl was threatened and hence, she did not lodge a complaint.
However, even if there is a threat, one can wait for two-three months. In this case, she remained silent for a year. The delay is abnormal, the court concluded and granted bail to the accused.
Petition Dismissed
The High Court on Tuesday dismissed a petition filed by a city-based advocate and member of Karnataka Elephant Task Force (KETF), seeking that the government consult the body on ecological issues concerning elephants.
The petitioner, Ravindranath Kamath, contended that the project to draw a 400 KV D/C transmission line from Mysore to Kozhikode in Kerala via Kodagu district would require 50,000 trees to be cut in an elephant habitat. He maintained that the state should consult the task force before deciding on such projects.
Kamath submitted that he had written to Dr Raman Sukumaran, KETF Chairman, on February 16, 2014, on calling an emergency meeting to address the issue, but the chairman wrote back expressing his doubts over the existence of the committee in the wake of disposal of the petition.
He mentioned that the High Court had, in its order dated October 8, 2013, in connection with a suo motu petition on protecting elephants, observed that the state is at liberty to seek guidance on recommendations made by the task force and also consult the committee for any future course of action concerning elephants in the state.
Kamath also sought declarations regarding the KETF’s power to issue directions, recommendations and give guidance to the government and other concerned ministries as far as the issues concern forests, ecology and elephants.
A division bench of Chief Justice D H Waghela and Justice Ashok B Hinchageri dismissed the petition stating that such directions cannot be issued.