Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 438 and 439 ss. 437 IPC Cancellation of 354-B 376 and 506 Cr.P.c ss. 354 Anticipatory bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973 – ss. 437,438 and 439 – Penal Code, 1860 – ss. 354, 354-B, 376 and 506 – Anticipatory bail – Cancellation of – A complaint filed by the appellant-prosecutrix, against the respondent No.2-accused, who lured her under the garb of offering some modelling assignments, raped her in a hotel room where she was staying – Initially, the FIR was registered u/ ss. 354, 354-B and 506 of the IPC, and later, on the supplementary statement of the appellant being recorded, the offence u/s.376 was added to the FIR – The High Court granted anticipatory bail to the respondent No. 2 on the grounds that the appellant had improved her statement – On appeal, held: The nature and gravity of the alleged offence and the financial stature, position and standing of the accused vis-à-vis the appellant was disregarded and ignored by the High Court – There was sufficient material in the FIR that would prima facie attract the provision of s. 376, IPC – Despite the appellant having filed an application for intervention in the petition for anticipatory bail moved by the Respondent No.2 before the High Court, she was not afforded a hearing – There is no other witness except for the appellant herself, High Court should have granted opportunity of hearing – Grant of anticipatory bail cannot be sustained – Order of the High Court quashed and set aside. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2023 INSC 252 |
Petitioner | Ms. X |
Respondent | The State Of Maharashtra And Another |
SCR | [2023] 2 S.C.R. 1112 |
Judgement Date | 2023-03-17 |
Case Number | 822 |
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