Bail in case of crime under IPC section 324/325 and 376
My cousin had been accused of the some sexual offense against a minor ,maid's daughter,since 2010 and case was impending on him under IPC 376. He was out out on bail and had been on hearings regularly since then. But now he has been booked under 376 and 324/325 as well and the bail application was rejected. Please guide what are the consequences now n what action can we take in defence?
Asked 3 years ago in Criminal Law from Bhind, Madhya Pradesh
1. It is not clear as to whether he has been booked for the second time in another offence or not.
2. If he has been booked in fresh offence then getting bail would be a difficult task as he is repeat offender.
3. When trial begins he will have to put his defence as per merit of the case.
4. Bail application once rejected can be applied for again.
1. Both the charges under te additional sections are non bailable,
2. Engage an experienced criminal lawyer to defend your cousin and file bail application on the ground that additional charges have been levelled after a liong time and there will be no additional investigation required and also that your cousin will have no scope to destry any evidence, influence the witness and run away.
1. The bail was bound to be rejected in view of the gravity of offence as it is a prosecution for rape and that too of a minor. The courts are very strict in cases of sexual offences, more so against minors.
2. Now that his bail has been rejected by the lower court he should immediately move the higher court for bail as the sword of arrest is hanging over his head. There is no other legal recourse available to your cousin.
If bail is rejected from court of session then you should approach to high court, but at this stage it is tough to get bail from high court also. you should wait till the submission of charge sheet. If you can manage police authority and able to place some evidence in your support then you can get bail after submission of police report.
The consequences if the bail has been rejected is that ur friend can be arrested by the police and be put behind bars. Has the chargesheet been filed? Has the trial commenced? If that has been done, bail application can be filed in high court.
apply for bail before High Court and try to get the same.
defense action can be taken or not it will be advised after getting detail facts of the cases.
hence, contact a lawyer personally or over the phone, it will be better,
Advocate, New Delhi
All, thank you for your suggestion, but I was misinformed about the case. Actual case is as follows-
Incident isn't of rape, rather sexual harrasment. The incident occurred on 9/05/2010. The FIR against my cousin was lodged on 11/05/2010 under section 354A. FIR also stated that accused had given some kind of powder mixed in water to the victim.On hearing, district judge registered the case under section 354 instead and approved anticipatory bail to accused. The case was ongoing since then. But in recent hearing, the victim side appealed for addition of some section according to the mentioned powder statement. It should be noted that no medical test was conducted and no reports have been submitted whatsover to confirm the same. Yet, in hearing, session judge added section 328 to the case and the ongoing bail was rejected. Although, the anticipatory bail was granted on reapplying,We want a revision of this section 328.Please guide what can be done for the same, and if there is any example/ruling then please share.
Asked 3 years ago
1. Your cousin has already been enlarged on bail even after his rearrest,
2. So, 90% problem is over,
3. It will be very difficult to prove charge u/s 328 at such a delayed stage when medical examination is not possible,
4. You cannot revise the section added by the session Judge,
5. The prosecution shall have to prove the charge wherein your cousine shall have to defend him through his lawyer,
7. Engage an experienced local lawyer having expertise in this field.
Whenever charge is altered it becomes appealable order. If you feel that judicial mind did not apply in amendment of charge then superior court has power to re examine the evidence and pass appropriate order. You should file appeal before high court annd challenge legality off court proceeding. Kanu singh vs state of punjab, it is held that in offence against the woman charge is altered on evidence other than prosecutrix's statement then it should be scrutinised carefully because addition o f charge at later stage may raise doubt about allegation.
If you are aggrieved by the addition of another section by the court then you may challenge it before the High Court which can set aside the order of the lower court.