The Allahabad High Court recently granted bail to a man accused of raping a minor girl, while criticizing the police for poor investigation and supervision in the case. Justice Rajeev Singh, who heard the bail application, noted that despite evidence of the 14-year-old victim’s pregnancy, investigating officers failed to question her about it.
Case Background:
The case stems from an FIR filed on April 21, 2023, when the victim’s brother reported her missing. The girl later appeared at the police station, claiming to be 20 years old and stating she had left home due to her mother scolding her. However, medical tests revealed she was actually 15 years old and nine weeks pregnant.
The accused, Ramchandra Yadav, was subsequently charged under Sections 363, 366, 376(3) of the Indian Penal Code and Section 5(j)(2)/6 of the Protection of Children from Sexual Offences (POCSO) Act. He had been in jail since September 5, 2023.
Court’s Observations:
Justice Singh expressed concern over the quality of investigation, stating: “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.”
The court noted that the victim had not supported the prosecution’s version in her deposition. This, combined with other factors like the nature of the offence and relevant documents, led Justice Singh to conclude that the accused was entitled to bail.
Directives to Police:
Highlighting the lapses in investigation, the court directed the Director General of Police (DGP) of Uttar Pradesh to file an affidavit detailing circulars related to the accountability of investigating officers, supervising officers, monitoring officers, and other higher officials by July 29, 2024.
Legal Arguments:
Advocate Smriti, representing the accused, argued for bail citing the completed charge sheet and pending trial. The Additional Government Advocate, Bhanu Pratap Singh, opposed bail, stating the accused had confessed to physical intimacy with the victim, which was corroborated by her parents.
Court’s Decision:
Justice Singh granted bail to Ramchandra Yadav, subject to certain conditions, including furnishing a personal bond and two sureties. The court also laid down strict guidelines for the accused’s conduct during the trial.
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Case Details:
Case Title: Ramchandra Yadav vs. State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others
Case Number: Criminal Misc. Bail Application No. 6732 of 2024
Bench: Justice Rajeev Singh
Date of Order: June 20, 2024
