DIPAK KUMAR PASWAN v. STATE OF BIHAR
Case at a glance
- Bench
- SHYAM KISHORE SHARMA
Provisions considered
- Indian Penal Code, 1860 ss. 34, 366A, 376
- Code of Criminal Procedure, 1973 s. 164
- Indian Evidence Act, 1872
Judgment
Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected on
13.3.2008 in Cr.Misc. No.50248 of 2007 because allegation of rape has been attributed to him. A case has been registered under section 366A/34 of the Indian Penal Code in which section 376 of the Indian Penal Code was later on incorporated after statement of the victim girl. The victim has been examined under section 164 Cr.P.C. The court has assessed her age as 15 years and the victim has alleged that she was raped repeatedly by this petitioner. Submission of the petitioner is that his father has been granted bail. No father can abet commission of rape to his son. Other accused persons have been granted bail. The girl has been assessed to be minor by the court. There is presumption in Evidence Act that a girl cannot lie so far as allegation of rape is concerned. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail is again rejected. Md.S. (Shyam Kishore Sharma,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.