The Allahabad High Court has denied bail to a man, convicted of committing rape on his cousin, on the ground that such offences demolish the social fabric.
Rejecting the plea for bail of the appellant, Devesh, of Pilibhit district, Justice Anil Kumar Ojha observed, "It is an admitted position that the appellant and victim are siblings (cousin brother and sister). Such offence demolishes the social fabric. Considering the facts and circumstances of the case, particularly the fact that the victim has supported the prosecution version, I am of the firm opinion that appellant is not entitled to bail."
The rape survivor had become pregnant and gave birth to a male child. While denying bail, the court took into account the admitted position of the case that appellant and rape victim are siblings and the DNA of the child matched with the appellant.
Earlier, the appellant's counsel submitted that he had been wrongly convicted and the trial court had misinterpreted the evidence on record.
There was an unexplained delay of one month and twenty-four days in the lodging of the FIR and the evidence of eyewitnesses is not admissible in the eyes of law, he said.
The counsel also argued that the victim was major at the time of the incident and the appellant has not committed the alleged offence.
The conviction of the appellant is not justified on the basis of simply matching the DNA of the appellant with that of the victim's son because they are relatives and since they are descendants of one ancestor and from the same family tree, they have the same DNA, he argued.
The state counsel opposed the bail application saying the victim became pregnant and gave birth to a child whose DNA matched with that of the appellant. The offence committed by the appellant is heinous and his bail application should be rejected.
( 328 Words)