The court considered the previous orders rejecting bail to the accused based on the heinous nature of the alleged crime.Observing that the settlement of a rape case is ‘irrelevant’, a sessions court in Mumbai rejected bail to a 26-year-old man arrested for raping an 80-year-old paralysed woman. The accused’s lawyer informed the court in a hearing last week that the victim had since passed away. The lawyer said that the victim’s daughter-in-law, who is the informant in the case, had ‘settled’ the matter outside the court and hence he should be considered for bail.
The prosecution said that earlier bail applications of the accused were rejected and there was no change in circumstances. The prosecutor said that the offence under Section 376 (rape) of the Indian Penal Code is non-compoundable and hence it is irrelevant that the case has been settled between the informant and the accused.
“…when the offence is non-compoundable, the Court cannot consider whether the parties have settled the matter outside the Court or otherwise. In short, it appears that there is absolutely no change in the circumstances and that alleged settlement of the case outside the Court is irrelevant, while considering the bail application in an offence like 376 of the IPC,” the court said.
The court considered the previous orders rejecting bail to the accused based on the heinous nature of the alleged crime. It was submitted that in July 2020, the accused entered the home of the victim, who was paralytic, committed theft and sexually assaulted her. The court was told that the victim’s statement could not be recorded due to her medical condition, so it was done through a mediator, her daughter-in-law. Rejecting bail to him last year, the court had observed the crime was ‘heinous’ and the accused faced a maximum punishment of life imprisonment.