Rape case: SC junks pleas in opposition to HC order giving bail to ex-Andaman and Nicobar chief secy
5 min readBy PTI
NEW DELHI: The Supreme Court on Thursday dismissed pleas difficult the bail given to former Andaman and Nicobar Islands chief secretary Jitendra Narain in a rape case.
Narain was granted bail by the Port Blair circuit bench of the Calcutta High Court on February 20.
The apex court docket delivered its verdict on the appeals filed by the state and the complainant girl in opposition to the bail granted by the excessive court docket.
“We have dismissed all the petitions,” mentioned a bench of Justices Vikram Nath and A Amanullah.
“We have directed the trial court to expedite the trial also in which all cooperation will be extended by the respective parties,” mentioned Justice Nath saying the decision.
The bench noticed that some apprehensions had been expressed by the lady concerning her relations and herself.
The high court docket mentioned it has directed the Union Territory administration to make sure if there’s any grievance made by the lady then the identical be adequately handled.
“We find that the high court was right in not dealing with the respective arguments otherwise that would ultimately affect the trial or merits of the case. We have also refrained ourselves from referring to specific facts, although we have noticed some,” the bench mentioned.
The girl has alleged that she was raped by Narain and others after being lured to the then chief secretary’s residence with the promise of a authorities job.
On August 1, the apex court docket reserved its verdict on the pleas difficult Narain’s bail within the case filed by the 21-year-old girl.
Narain was arrested on November 10 final 12 months after an FIR was registered on October 1, 2022, when he was posted because the chairman and managing director of the Delhi Financial Corporation.
The authorities suspended him on October 17 final 12 months.
A Special Investigation Team (SIT) had probed the allegation that the lady was lured to the chief secretary’s residence on the promise of a authorities job and raped by a number of folks, together with Narain.
The SIT filed a 935-page cost sheet within the case on February 3.
The prosecution’s lawyer had argued earlier than the highest court docket that there was no purpose for granting bail to the previous chief secretary when a prima facie case was made out in opposition to him from the fabric on document.
He had additionally alleged destruction of proof, together with CCTV footage, within the case and asserted the prosecutrix’s assertion is sufficient to show a case of rape.
The accused’s counsel had claimed that he was implicated in a “strategically created” case, which was “hyped out of proportion”.
Narain’s lawyer had argued that he had fulfilled the bail circumstances and the court docket can not maintain a mini-trial at this stage.
The cost sheet in opposition to Narain, businessman Sandeep Singh alias Rinku and suspended labour commissioner Rishishwarlal Rishi is predicated on the statements of practically 90 witnesses, forensic reviews and digital proof, police mentioned.
The accused have been charged for alleged offences punishable below Indian Penal Code (IPC) sections 376 (punishment for rape), 376C (intercourse by superintendent of jail, remand house, and many others), 376D (intercourse by any member of the administration or employees of a hospital), 354 (assault or legal drive to girl with intent to outrage her modesty), 328 (inflicting harm by way of poison and many others.
with intent to commit an offence) and 201 (inflicting disappearance of proof).
The cost sheet additionally mentions IPC sections 506 (legal intimidation), 120B (legal conspiracy), 500 (defamation) and 228A (disclosure of id of the sufferer of sure offences).
The cost sheet additionally accused Narain of misusing his place to destroy proof at his official residence.
NEW DELHI: The Supreme Court on Thursday dismissed pleas difficult the bail given to former Andaman and Nicobar Islands chief secretary Jitendra Narain in a rape case.
Narain was granted bail by the Port Blair circuit bench of the Calcutta High Court on February 20.
The apex court docket delivered its verdict on the appeals filed by the state and the complainant girl in opposition to the bail granted by the excessive court docket.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );
“We have dismissed all the petitions,” mentioned a bench of Justices Vikram Nath and A Amanullah.
“We have directed the trial court to expedite the trial also in which all cooperation will be extended by the respective parties,” mentioned Justice Nath saying the decision.
The bench noticed that some apprehensions had been expressed by the lady concerning her relations and herself.
The high court docket mentioned it has directed the Union Territory administration to make sure if there’s any grievance made by the lady then the identical be adequately handled.
“We find that the high court was right in not dealing with the respective arguments otherwise that would ultimately affect the trial or merits of the case. We have also refrained ourselves from referring to specific facts, although we have noticed some,” the bench mentioned.
The girl has alleged that she was raped by Narain and others after being lured to the then chief secretary’s residence with the promise of a authorities job.
On August 1, the apex court docket reserved its verdict on the pleas difficult Narain’s bail within the case filed by the 21-year-old girl.
Narain was arrested on November 10 final 12 months after an FIR was registered on October 1, 2022, when he was posted because the chairman and managing director of the Delhi Financial Corporation.
The authorities suspended him on October 17 final 12 months.
A Special Investigation Team (SIT) had probed the allegation that the lady was lured to the chief secretary’s residence on the promise of a authorities job and raped by a number of folks, together with Narain.
The SIT filed a 935-page cost sheet within the case on February 3.
The prosecution’s lawyer had argued earlier than the highest court docket that there was no purpose for granting bail to the previous chief secretary when a prima facie case was made out in opposition to him from the fabric on document.
He had additionally alleged destruction of proof, together with CCTV footage, within the case and asserted the prosecutrix’s assertion is sufficient to show a case of rape.
The accused’s counsel had claimed that he was implicated in a “strategically created” case, which was “hyped out of proportion”.
Narain’s lawyer had argued that he had fulfilled the bail circumstances and the court docket can not maintain a mini-trial at this stage.
The cost sheet in opposition to Narain, businessman Sandeep Singh alias Rinku and suspended labour commissioner Rishishwarlal Rishi is predicated on the statements of practically 90 witnesses, forensic reviews and digital proof, police mentioned.
The accused have been charged for alleged offences punishable below Indian Penal Code (IPC) sections 376 (punishment for rape), 376C (intercourse by superintendent of jail, remand house, and many others), 376D (intercourse by any member of the administration or employees of a hospital), 354 (assault or legal drive to girl with intent to outrage her modesty), 328 (inflicting harm by way of poison and many others.
with intent to commit an offence) and 201 (inflicting disappearance of proof).
The cost sheet additionally mentions IPC sections 506 (legal intimidation), 120B (legal conspiracy), 500 (defamation) and 228A (disclosure of id of the sufferer of sure offences).
The cost sheet additionally accused Narain of misusing his place to destroy proof at his official residence.
