Delhi High Court verdict: Delhi High Court grants bail to gang-rape accused
- Hearing of a gang-rape case at a hotel in South Delhi last year
- The boyfriend of the victim’s friend had applied for bail in the high court
- The High Court observed that the accused was not charged with rape.
The Delhi High Court has said that if the accused is not clearly involved in gang rape by any act, then mere presence at the scene is not sufficient reason for him to be charged with rape. The High Court recorded the observation while granting bail to the accused of gangrape. Justice Mukta Gupta said in his order that an offense under Section 376D of the IPC occurs when one or more persons proceed with the general intention of committing the offense of rape.
Alleged gang rape in a hotel room
The accused boy in the case had come to a party on the call of his girlfriend. A friend of hers had claimed she had been gang-raped. Some young people had created a WhatsApp group for the “Chilling Out” session. Room was booked on Air BNB in South Delhi last year. Three people involved in the party are currently in jail.
A friend of the petitioner was also charged
The complainant girl alleged that she was cheated by her friends who had booked the room and given her drugs. She was later raped by two boys. Police also registered a friend of the petitioner as an accused. It was alleged that the friend of the petitioner facilitated the crime by closing the door. However, while granting bail to the accused youth, the High Court found that the girl accused of rape had formed a WhatsApp group. She also created an introductory program for Get-Together.
There is no charge of rape against the accused
The court held that the petitioner had no charge of raping the plaintiff. The matter was that the petitioner and Ananya (the petitioner’s girlfriend) were dating each other. While granting bail to one of the accused, the High Court said that the petitioner was invited to the party by his girlfriend. He doesn’t even know the victim.
Nothing was seized from the confiscated mobile of the accused
In this case, the girl alleged that when she regained consciousness, the trio threatened her to remain silent about the incident. The girl said the boys said they had nude pictures and videos of her. Nothing was found in the mobile seized from the accused, the High Court observed.
No one is accused of rape for appearing at the scene, the High Court granted bail in the gang-rape case
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