AI Structured Summary
Not yet generated for this judgment
Judgment
The offence alleged are under Sections 313,376 (2)(n) of IPC and Section 3(2)(v) of the Scheduled Casts and Scheduled Tribes (Prevention of
Atrocities) Act, 1989. The victim is a widow having one child. She was residing in the ground floor of the building on a rental arrangement. The upstair
portion was occupied by the accused on a rental arrangement. He is a married person having three children. Both the victim and the accused are aged
It is alleged that medicines were administered so as to have a miscarriage and that has resulted in heavy bleeding. Thereon she was removed to
Hospital. Till that time no complaint was raised. The accused is under detention for the last 75 days from 25/09/2020 onwards. It is submitted that
investigation is going on and nearing completion.
The alleged incident happened while the victim and the accused were residing in a rented house i.e. the ground floor and the upstair portion
respectively. Both of them are married and aged 37 years at the time of alleged commission of offence. The victim had not made any complaint till the
date of miscarriage by administering medicine. She was removed to hospital due to heavy bleeding. It is only at that time, the alleged incident was
disclosed. The accused is a person having three children. His wife and children are depending on him for their livelihood, it was submitted. He was
under detention for the last 75 days. As such, further detention not warranted. Hence the order of the learned Special Court is liable to be set aside by
granting bail, but subject to conditions that:
The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of
the Special Judge.
The petitioner shall not involve in any such offence in future and he shall not in any way tamper with the evidence involved in the case directly or
indirectly.
He shall report before the investigation officer on all Mondays in between 10.00 a.m and 11.00 a.m till the submission of final report or for a period
of three months whichever is earlier and shall co-operate with the investigation. He shall not leave the jurisdiction of Special Court without prior
sanction.
Crl. Appeal is allowed accordingly.