Mumbai: The Bombay High Court has directed a lower court to expedite trial in a July 2020 rape case where the victim was an 80-year old woman with paralysis. The woman died during the Covid-19 pandemic and the exact date was not mentioned before the court.
Justice MS Karnik, on October 10, passed the order while hearing a bail plea by the accused contending that he was falsely implicated by his political rival.
He approached the HC after the sessions court rejected his bail plea in September 2020 and August 2022.
He was arrested on July 12, 2020.
The accused, who belongs to a political party, alleged that his opponent got a false rape case registered against him. The complaint was registered by the octogenarian’s daughter-in-law. The complainant gave her consent for granting bail.
State advocate's opposition
The state advocate, however, opposed the complainant’s consent saying that it is the victim’s consent which has not be considered in such cases. Since the victim is no more, the accused should face the trail as the offence is not compoundable (possibility of settlement between parties). She instead requested the court to expedite the trial. She added that the accused is also charged for alleged theft.
When the court expressed it was not inclined to grant bail, the accused sought to withdraw the same. He sought liberty to approach the HC for bail in case there is no progress in the trial.
The HC allowed withdrawal of bail plea and asked the trial court to expedite the trial.
