SC cancels bail of Rajasthan Cong MLA's son, two others in gang rape of minor girl from SC/ST community [Read Judgment]

NEW DELHI: The Supreme Court has cancelled the bail granted to Deepak Meena, son of ruling Congress party MLA in Rajasthan Johari Lal Meena and two others in a case of repeated gang rape of a minor girl from SC/ST community and extending threat of making video of their act viral.

A bench of Justices S Ravindra Bhat and Aravind Kumar set aside the High Court's order of April 6, 2023, saying the offence alleged in the instant case is heinous and would be a onslaught on the dignity of the womanhood and the age old principle of 'where women are respected Gods live there'.

Justice Kumar, who authored the judgement on part of the bench, said said the HC's order was not only bereft of material particulars but it seemed that the High Court got swayed on the ground of delay in lodging the FIR and the video having not been recovered during the investigation.

The bench also noted the High Court has given a complete go by to the allegation made in the FIR and statement recorded under Section 161 and 164 of the Criminal Procedure Code as also the testimony of the prosecutrix (victim) before the jurisdictional court.

The prosecution claimed the minor girl, aged 15 years and six months, was studying in Class-X. She had got acquainted with a boy named Vivek, who took her to Samleti Palace Hotel, Mandawar Road, Mahwa on February 24, 2021. Vivek along with his friends Deepak and Netram gang raped her after administering her drugs and shot videos of the incident. It was alleged that all of them had threatened her not to disclose the said incident as otherwise they would eliminate her constable father and brother and make the video viral.

The victim's side alleged Deepak had been threatening the survivor and other witnesses.

"Such apprehension is justifiable, especially because accused is in a domineering position. The complainant underlines the influence and possibility of the clout being wielded on the witnesses which cannot be discounted. The fact that even after recording of the deposition of the prosecutrix other prosecution witnesses have not come forward to tender evidence though more than nine dates of hearing has passed, would lend credence to the apprehension of the complainant," the bench said.

The bench also noted during the course of investigation, it was found that entries at the hotel was specifically missing while the CCTV cameras, though was found, footage of the date of incident was not available.

The name of Deepak was dropped from the charge sheet as call details of his mobile phone did not show his presence. It was only upon the application filed by the victim that the trial court took cognisance of the offence against him. He surrendered before the court only on January 9, 2023 after issuance of arrest warrant.

The court rejected the contention of the accused related to delay in lodging the FIR on March 25, 2022 after noting constant threat of making video viral and harm to the victim's family members.

It also noted the state government virtually supported the defence of Deepak but sought an order setting aside bail to the other accused.

The FIR was lodged Vivek, Deepak and Netram for offences punishable under Section 376D, 384 and 506 of the IPC read with Section 326 of POCSO Act and Section 66D of IT Act.

The charge-sheet came to be filed against Netram and Vivek only. However, the jurisdictional court took cognizance against Deepak alias Dileep Kumar alias Dipu by order of June 09, 2022 for the offence punishable under Section 376(2)(n), 376DA of the IPC and Section 516 of POCSO Act.

[Read Judgment]