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Denying bail to a gang-rape accused, the Allahabad High Court has said that "the lady folk(s) are not a commodity to be used". Stressing how mercilessly the woman was ravished by the criminals, the court also said that such criminals "deserve no sympathy in a civilized society".

The bench of Justice Rahul Chaturvedi observed,

“The way and the manner her psychic and soul, in addition to her body were mercilessly butchered and mashed by the named three primitive homo sapiens (sic) is not acceptable in a civilized society.”

The court was hearing a criminal appeal filed by one Vashu against the bail rejection order passed by the Special Jude (SC/ST Act), Meerut. Vashu is facing prosecution in a case registered against him u/s 376-D, 377, 323, 504, 506 Indian Penal Code (IPC) and Section 3(2) (v) of SC/ST Act.

On September 15, 2020, an FIR was lodged against one Raghav Tyagi and two other unknown persons by the victim woman’s mother, with the allegation that on September 14, when her daughter left for home from her job as she was feeling sick, Raghav offered her lift in his car in which two men were already sitting.

The FIR stated that instead of taking the victim to her home, the accused persons took her to a secluded forest area where they mercilessly committed rape upon her in the most abhorring way as well as sodomy and left her lying there bleeding, thereafter.

The mother had also stated that Raghav Tyagi used to harass her daughter on her mobile phone earlier as well.

Though the present applicant Vashu was not named in the FIR, but in her statement recorded u/s 161 CrPC, while broadly reiterating the prosecution story mentioned in the FIR, the victim woman had identified Vashu among all the three assailants.

It was also on record that when the victim was brought to the doctor, she had almost reiterated the allegations of rape upon her by all the persons including the appellant Vashu. 

At the outset, taking note of the victim woman’s statements under Sections 161 and 164 CrPC, the High Court too observed that her allegations against Rajat Tyagi @ Raghav Tyagi and Vasu were consistent. On the other hand, the court also took into account the Forensic Science Laboratory (FSL) Report which indicated that the girl was the subject matter of rape.

Accordingly, the court observed that when the prosecution story, victims' statement u/s 161 CrPC before the doctor, the medical report, and her statement u/s 164 CrPC were put in a linear way that clearly indicated Vashu's involvement in the "unfathomable sin."

Therefore, finding no perversity and illegality in the trial court's order, the court denied bail to the accused, Vashu, and rejected the appeal.

Cause Title: Vashu v. State Of Up And 2 Others