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

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 


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