Prayagraj (Uttar Pradesh), Nov 29, : .The Allahabad High Court denied bail to Prayagraj, a man convicted of rape on his cousin.
This was on the grounds that such offences destroy the social fabric. Justice Anil Kumar Ojha rejected the plea for bail of Devesh, the appellant from Pilibhit district.He stated, “It’s an admitted position that appellant and victim (cousin brother or sister) are siblings.” This offence destabilizes the social fabric.Given the facts and circumstances of this case, including the fact that the victim supported the prosecution version of the case, I believe that appellant is not entitled for bail.
The rape victim had been pregnant and had given birth to a boy.The court denied bail but took into consideration the fact that the appellant and the rape victim were siblings and that the DNA of the child was matched with the appellant.
The appellant’s counsel argued that he was wrongly convicted and that the trial court had misinterpreted evidence.
He stated that there was an unexplained delay in filing the FIR of one month and twenty four days.The evidence of eyewitnesses was not admissible in court.
Counsel also stated that the victim was a major at the time of incident and that the appellant has not been charged with the alleged offence.
The appellant’s conviction is not justified based on simply matching his DNA with the victim’s.
They are related and, since they are descendants from one ancestor and the same family tree respectively, they have the identical DNA, he argued.
The state counsel opposed the bail application, arguing that the victim was pregnant and had a child whose DNA was identical to the appellant’s.
The appellant’s crime is very serious and his bail application should be denied.
amita/dpb #Allahabad #convicts #fabric
.
