Rape case: Will take 10 seconds for order but person will lose liberty, says SC

  • | Tuesday | 6th December, 2022

New Delhi, Dec 6 (PTI) It will take 10 seconds to dictate an order but it will push a person to lose his liberty and be in jail for one more week, the Supreme Court said on Tuesday while declining the request of an alleged rape victim to stay the trial court order listing the bail plea of an accused for hearing.The top court said everyone should take pride in liberty and no wrong has been done by the trial court by listing the bail plea for hearing on December 7.A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said, “Ultimately what wrong he (Additional District and Sessions Judge, Panaji) has done. He has just said that he will hear the bail plea of accused tomorrow. On the one hand, we say that trial courts don’t grant bails and here is a case where he has just said that he will take up the matter tomorrow.” “For Supreme Court to stay the trial court order will not be appropriate at this stage. You move the high court for remedy,” the bench said.It ordered that the woman can approach the Bombay High Court bench in Goa on Wednesday itself and challenge the trial court order.The bench said, “For us, it will take 10 seconds to dictate an order but that person will lose his liberty and be in jail for another one week.” It said, “You can move the high court against the trial court order dismissing impleadment application. We must also take pride in liberty. We will not like to interfere when there is a remedy available.” It requested the trial court, which is scheduled to hear the bail plea of the accused, to hear the matter at 3 pm on Wednesday.The bench said, after the appeal of the woman is filed and mentioned before it, the high court may take it up for hearing and pass the order as per law.At the outset, senior advocate ADN Rao, appearing for the woman, said the high court on December 5 allowed the accused to inspect the FIR and the case diary after which the trial court dismissed her impleadment application in the bail plea.“If the trial court grants bail to the accused, who is a very influential person, there will be a threat to my life,” Rao said and urged the top court to stay the trial court order by a week or till the high court disposed of her appeal against dismissal of the impleadment application.Rao referred to a recent order passed by the apex court in the Lakhimpur Kheri case involving Ashish Mishra, the son of Union minister Ajay Mishra, in which it was said that a victim has a right to be heard, especially when it concerns bail of the accused in a murder case.He said the woman has been precluded from making submission by the trial court by dismissing her impleadment application in the bail plea filed by the accused.The case was registered against the accused by the anti-trafficking unit of Panaji on a complaint by the woman who has alleged rape. PTI MNL MNL SK SK

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