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SC wonders how a person is out of jail after conviction

Press Trust of India  |  New Delhi 

The Supreme today wondered how the accused, who were in prison during trial in a gangrape case involving a student of a private university in Haryana, were released from jail after they were convicted in the case. The apex had earlier stayed a and High order suspending the sentence awarded to three convicts by the trial in the case. "makes us learn new things. This is one of those rare cases where these people (accused) were in custody during the trial and it was only after they were convicted, they were released (from jail)," a bench comprising Bobde and L Nageswara Rao said. "Prima facie, it is enough for us to look into it," the bench observed. The bench made these observations while hearing a plea filed by one of the accused, who was awarded seven-year jail term by the trial after being convicted in the case. The trial had awarded 20-year imprisonment to two other accused after convicting them for various offences under the IPC, including gangrape and criminal conspiracy, and under provisions of the Act. However, the high had suspended their sentences on the basis of the pleas filed by them and granted them bail. The victim then approached the apex challenging the high court's order of September 13 last year. During the hearing, Siddharth Luthra, who appeared for the accused who was awarded 7-year jail term, told the bench that his client's case was different from the other two persons as they were awarded 20-year imprisonment. Luthra said non-bailable warrant (NBW) has been issued against his client pursuant to the apex court's direction staying the high order. "Why don't you (accused) apply for cancellation of NBW before the trial You can appear before the trial court," the bench asked. To this, Luthra said as the high court's order has been stayed, the accused could be taken into custody.

He also clarified that the accused were released from jail before the stay order was passed by the top The appearing for the woman alleged that as per reports, the accused were absconding after the apex had stayed the high court's order. Luthra countered these submission and said his client was not absconding. The representing other accused also rebutted the claims of the woman's The top stayed the execution of NBW issued by the lower against one of the accused, who has been awarded seven year jail term, till further orders. The bench posted the matter for further hearing on January 18. The woman, who has also challenged the grant of bail to the accused by the high court, had claimed in the FIR that she had taken admission in the private university at Sonepat in August 2013 and got acquainted with one of the accused. She had alleged that the accused, who became a good friend, had raped and forced her to send her obscene pictures and blackmailed her. The woman claimed that the two other accused also raped her at the university campus after which she lodged an FIR in April 2015. After the trial judgement, the accused had moved the high seeking bail in the matter during pendency of the appeal. The high court, in its order, had said, "the entire crass sequence actually is reflective of a degenerative mindset of the youth breeding denigrating relationships mired in drugs, alcohol, casual sexual escapades and a promiscuous and voyeuristic world.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, January 11 2018. 19:50 IST
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