U-Turn by Prosecutrix Not Sufficient Ground For Granting Bail to Rape Accused

During the bail hearing of a rape accused, the Punjab and Haryana High Court ruled that a U-Turn by the prosecutrix before the Trial Court is not a valid ground for grant relief to the accused.

The Single Judge Bench of Hon’ble Justice Avneesh Jhingan observed that just because the prosecutrix did not support the allegations in her deposition, it isn’t enough to grant bail. The Bench further observed that it is up to police if they want to investigate the prosecutrix’s change in stance.

While referring to the prosecutor’s statement, the Bench noted that the allegations she levelled were severe, and now, even though she has taken a U-Turn, the police can look up the case.

These observations were made during the bail hearing of one Subhash Chander, who was accused of intoxicating his daughter in law, raping her, and blackmailing her.

Haryana Police booked Chander u/s 328, 376 and 506 of IPC and the allegations against him were supported by the victim’s statement u/s 164 of Judicial Magistrate.

Before the Hon’ble High Court, the appellant-accused submitted that the prosecutrix did not support her allegations while deposing before the Hon’ble High Court.

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The Bench disagreed with the contention and opined that the issue regarding contradictory statements would be the Trial subject matter. 

The Court dismissed the bail application and noted that it is for the Trial Court to weigh all the evidence and material before it.

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