Bail -- Rape Trial -- Irrelevant considerations and ignoring gravity of offence render bail order liable to be cancelled
Indian Penal Code, 1860, S.376 -- Bail -- Rape Trial -- Courts must remain mindful of the gravity of the offence and its societal impact while considering bail in rape cases, since granting bail at inception of trial has a chilling effect on the safety of women -- A court at the bail stage is not expected to undertake meticulous evaluation of evidence or assess the credibility of the prosecutrix -- Minor contradictions, non-detection of spermatozoa, or non-seizure of certain articles cannot discredit the testimony of the prosecutrix at the bail stage, as these are matters for trial -- A bail order based on irrelevant considerations and ignoring the gravity of the offence is liable to be set aside as illegal and perverse.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
