The bench of Justice Sanjay Kishan Kaul and Justice Ahsnuddin Amanullah denied the grant of bail to two convicts of the infamous Jindal University gang rape in 2015.

The Apex Court has issued notice in the matter limited to the extent to consider the challenge to conviction under two provisions only- Section 376(D) and and Section 376(2)(n) IPC. 

It was argued by Sr. Adv. Mukul Rohatgi appearing for one of the accused that limited notice be extended in order to cover the challenge to the conviction and sentence for rape. The bench was not apprised by the arguments of the advocates and said "We are neither expanding the notice nor granting bail."

Justice Kaul was not at all inclined to grant them bail and made oral observations that “When we issue notice it is on the presumption that they are guilty of rape, so they will get 10 years. That 10 years is not completed. Only on on completion of 10 years will the question (of bail) come. That 10 years you have to serve out, because there is no doubt about that offence (rape). You are charged and proved with respect to that offence. Whether you are guilty of a higher offence or not is the question before us. That being the the position you have to serve out the sentence of the undisputed charge.”

The incident relates to the year 2015 when the prosecutrix complained that her batchmate Hardik Sikri had blackmailed her with threats of sharing her private pictures and forced her to have sex with him and his two friends Vikas Garg and Karan Chhabra.

All the accused were held guilty by a trial court in May, 2017- Hardik Sikri and Karan Chhabra were sentenced to 20 years in prison and Garg was sentenced to 20 years in prison and Garg was sentenced to seven years in prison under section 376D, 376(2)(n), 120B, 292, 506 and 34 of Indian Penal Code and section 67A of Information Technology Act.

The Punjab and Haryana High Court upheld the conviction in 2022 and sentence imposed on Hardik Sikri and Karan Chhabra, but acquitted Vikas Garg giving him a benefit of doubt.

Case Details:-

SLP(Crl) No. 12801/2022

Karan v. State of Haryana