On Wednesday, the Supreme Court set-aside bail of Rajasthan's sitting MLA's son on the grounds that the Accused is son of MLA (Johari Lal Meena) whereas the father of victim is only a police constable.
The Court in its judgement said that the accused being son of MLA is likely to influence the trials of the Court..
The division bench of Justice S. Ravindra Bhatt and Justice Arvind Kumar observe that the accussed was absconding for 10 month and he is likely to threaten the witnesses.
"The High Court has given a complete go by to the allegation made in the FIR and statement recorded under Section 161 and 164 of the Cr.P.C. as also the testimony of the prosecutrix before the jurisdictional court," the order stated.
Even though there was delay of 1 year in filing the FIR but that is justified as accused were threatening victim to make rape video viral.
The accused named Deepak / Dilip was in custody only for 3 months before being granted bail by High Court.
Further, the bench directed the accused to surrender within 2 weeks.
"The offence alleged in the instant case is heinous and would be a onslaught on the dignity of the womanhood and the age old principle of यत ननायर्यस्तत पपूज्यन्ततरमन्तततत दतवतनाताः (where women are respected Gods live there) would recede to the background and the guilty not being punished by process of law or accused persons are allowed to move around freely in the society...and are likely to indulge in either threatening the prosecution witnesses or inducing them in any manner to jettison the criminal justice system, then the superior court will have to necessarily step in to undo the damage occasioned due to erroneous orders being passed by courts below."
Case Brief -
Congress MLA Jauhri Lal Meena's son Deepak, also known as Dilip Meena, was arrested by Dausa police in Janurary. Later, the accused has been sent to jail.
The legislator's son is accused of gang rape.
It should be noted that last year, in March the student studying in Class 10 had filed a case agaist the accused at the Mandawar police station in Dausa. The victim had reported that in the Samleti hotel in the Mandawar police station area, the accused Vivek Sharma, Deepak Meena, and Naresh Samleti had raped her.
Victim was represented by Advocate Anuj Bhandari.
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