38.6c New Delhi, India, Monday, May 20, 2024
Judiciary

Allahabad HC Grants Bail To BJP Leader Chinmayanand Based On Victim's Incoherent Testimony

By LawStreet News Network      06 February, 2020 09:02 PM      0 Comments

Justice Rahul Chaturvedi of the Allahabad High Court in his order dated Monday, 3rd of February, 2020 said, “A girl, whose virginity is at stake, not uttering a single word to her own parent or before the Court regarding the alleged incident, is an astonishing conduct, which speak volumes about the ingeniousness of the prosecution story."

Bail was granted to the former Union Minister Swami Chinmayanand who was arrested in September 2019 on the sexual assault charge when a law student of the college he runs in Shahjahanpur accused him of raping the 23 year old LLM Student. In August 2019, the 23 year old complainant went missing after posting a video describing her ordeal. Her father named Chinmayanand in the missing person complaint. And on August 27th, Chinmayanand was booked on kidnapping charges under Section 364 and on the charges of criminal intimidation under Section 506 of the Indian Penal Code, 1860 (IPC). The young woman was found in Rajasthan on August 30th and was produced before the Supreme Court for a close door meeting with the judges. 

The BJP leader was booked on the sexual assault charges under Section 376C of the IPC – sexual intercourse by a person in authority that results in  a punishment of 5 to 10 years. 

The Allahabad High Court in the order said, "A complete matter of quid pro quo"  and also further contended the young woman's conduct as "astonishing" and also said that "she tried to blackmail him for ransom." 

The final report of the police under Section 173 - Report of police officer on completion of investigation under the Criminal Procedure Code, 1973 (CrPC), the Justice Chaturvedi noted that the former State Minister of internal affairs, Chinmayanand had gotten himself involved in the most distinct incident for a considerable long period of time. 

The statement recorded under Crpc Section 164 - Recording of confessions and statement, the statement made by the young woman before the magistrate and what the court said was, "It contains almost same flavour and texture with certain modifications hither and thither" as the statements were made before the police.

 

Author - Dyuti Pandya 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

supreme-court-refuses-to-entertain-plea-for-stay-on-new-criminal-laws
Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
scba-election-result-2024-know-the-newly-elected-members
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM

TOP STORIES

sc-issues-notice-to-ed-on-hemant-sorens-plea-against-arrest-in-land-scam
Trending Judiciary
SC Issues Notice to ED on Hemant Soren's Plea Against Arrest in Land Scam

Supreme Court issues notice to ED on Hemant Soren's plea against arrest in a land scam case, sets hearing for May 17 after senior advocate Kapil Sibal's request for an earlier date.

14 May, 2024 11:24 AM
3800-metric-tonnes-of-solid-wastes-going-untreated-everyday-in-delhi-sc-records-concern
Trending Environment
3,800 metric tonnes of solid wastes going untreated everyday in Delhi SC records concern

The Supreme Court expressed concern as 3,800 metric tonnes of solid waste in Delhi go untreated daily. The issue must be addressed promptly beyond political lines.

14 May, 2024 11:30 AM
plea-filed-in-sc-for-review-of-april-26-evm-vvpat-verdict
Trending Judiciary
Plea filed in SC for review of April 26 EVM VVPAT verdict

A plea has been filed in the Supreme Court to review its April 26 verdict on EVM VVPAT verification, challenging the decision that dismissed a demand for 100% vote cross-verification.

14 May, 2024 12:13 PM
ai-cant-detect-consent-microsoft-and-google-tell-delhi-high-court
Trending Judiciary
AI can’t detect consent Microsoft and Google tell Delhi High Court

Microsoft and Google tell Delhi HC that AI can't detect consent for NCII takedowns, challenging a 24-hour removal directive under IT Act's safe harbour protections.

14 May, 2024 01:33 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email