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Lalitpur: Setting aside the Allahabad High Court’s order, Supreme Court has rejected bail plea of Station House Officer (SHO) accused of raping a 13-year-old girl inside a police station in Lalitpur district of Uttar Pradesh and directed authorities to send him to judicial custody after surrender.
Hearing a writ petition filed by the Association of Voluntary Action (AVA) also known as Bachpan Bachao Andolan (BBA) regarding the gang-rape case of a 13-yr-old girl in UP’s Lalitpur, the Division Bench comprising Justice A.S. Bopanna and Justice Sanjay Kumar termed the situation as far worse when Tilakdhari Saroj as SHO of a Police Station (where the minor girl was brought for securing justice) is alleged to have committed the heinous crime of raping her.
“In this situation, his prayer for grant of bail required more than the cursory appraisal that was bestowed by the High Court. We do not find any reason worth the name justifying the grant of bail to him (SHO) at this stage,” said the Honorable Justices while rejecting the bail order of Allahabad High Court which was conditional.
Citing Apex Court’s earlier decision on grant of bail in State of Jharkhand vs Sandeep Kumar, Justice Bopanna and Justice Kumar observed and held against any lenience being shown by treating an accused such a policeman who is alleged to have abused his office, with a common man.
“Notably, that was not even a case involving a heinous offence. In the present case (PS in Lalitpur), the situation is far worse as the accused being the Station House Officer of the Police Station where the minor victim girl approached seeking justice, is alleged to have resorted to committing the same heinous crime of raping her,” observed the division bench in its order on May 3rd.
Terming the rejection of bail plea of police official as vital for criminal justice system, Senior Advocate H.S. Phoolka and Counsel for BBA, said “The Supreme Court has clearly conveyed a message that when the police officials are themselves involved in the crime, then no leniency would be shown.”
Additionally, Association for Voluntary Action also known as BBA has also filed a Writ Petition under Article 32 of the Constitution of India in public interest highlighting the rampant failure of the State Authorities to implement the provisions of child friendly and child protection legislations since the cases of sexual abuse are going unabated and legal rights of the victims are compromised.
It also highlighted the agony of a Dalit minor girl who was brutally gang raped and for five months the First Information Report was not registered.
After around five months of the first incident, she was gang raped again by the same offenders and when she approached the Police Station in Lalitpur district of UP to lodge the FIR, not only the Police Department failed to perform its cardinal duty to register an FIR, but also traumatized and re-victimized the victim as the SHO raped her within the premises of Police station. Thereafter, the victim and her family have been constantly threatened, intimidated and revictimized ever since.
Due to unfortunate events the victim’s studies were hampered and she was devoid of education for almost 10 months. However, owing to Petitioner’s interventions, victim studies could be resumed and she was admitted to a boarding school.
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Jitendra Parmar
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