[Gang Rape] Bom HC | Mere fact that DNA report does not support paternity, is no ground for bail

Bombay High Court: Bharati Dangre, J., rejected the bail application in view of the offence of gang rape against the applicant.

Applicant was punishable for offences under Section 376 of Penal Code, 1860 and Sections 3, 4, 5(G), 5(J)(II), 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

Applicant’s Counsel Subhash with Samarth Karmarkar, Supriyanka Maurya, Yashpal Purohit submitted that the applicant had been roped into the charge under Section 376(d) IPC without any rhyme and reason.

DNA Report of the child born out of the alleged act of sexual assault did not trace the applicant as the father of the baby girl.

Hence the case for grant of bail was made out according to the applicant.

According to the prosecutrix, she was made to visit the applicant by her friends and then taken to the applicant’s house.

Later, prosecutrix was left alone in the company of applicant, thereafter the applicant and his two friends in a pre-planned manner arrived in his house with some drinking and eating stuff. Prosecutrix on consuming some drink felt dizzy and went off to sleep.

Applicant asked the prosecutrix to rest in bed-room, after which she was raped by applicant and his two friends.

On fearing the outcome of the act, prosecutrix did not reveal the incident or the fact that she was pregnant, to her mother. Prosecutrix was below 18 yrs of age at the time when the incident took place. She delivered a baby girl which has been forwarded to an orphanage and is leading her life there.

Bench took into consideration the fact that the charge against the applicant is serious one of committing gang-rape and taking advantage o a situation of a poor helpless victim girl. He has indulged with two other people into an act of rape.

“Mere fact that the DNA report do not support the paternity is not ground to release the applicant at this stage.”

Court notes that fact that the applicant might pressurize the victim girl on being released, hence no case for his release on bail is made out. [Vaibhav Bhanudas Ubale v. State of Maharashtra, 2020 SCC OnLine Bom 835, decided on 24-07-2020]

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