SC Issues Notice To Attorney General On Plea Challenging Bail Condition Imposed On Accused Requesting Victim To Tie Him A Rakhi
Live LawThe Supreme Court on Friday issued notice to the Attorney General on a plea challenging a Bail Condition, imposed upon an accused by Madhya Pradesh HC, of getting Rakhi tied by the Complainant, who had levelled Charges of Outraging her Modesty against him.A bench of Justices AM Khanwilkar & BR Gavai said that since the plea was seeking a general declaration on all High Courts to not pass. The Supreme Court on Friday issued notice to the Attorney General on a plea challenging a Bail Condition, imposed upon an accused by Madhya Pradesh HC, of getting Rakhi tied by the Complainant, who had levelled Charges of Outraging her Modesty against him. 11,000/- to the complainant as the customary ritual usually offered by the brothers to sisters on such occasion and shall The plea states that the High Court erred in imposing a condition that defeated the very purpose of granting bail by directing the alleged perpetrator to establish contact with the victim and that the HC failed to appreciate that in most cases of sexual violence, the prosecutrix turns hostile and in many of these cases it is because she gets intimidated and/or induced by the family of the accused. Subsequently, the Application states that the Apex Court can issue directions within its vast jurisdiction and that it is a fit case for issuance of such directions, as may be required, by this Hon'ble Court under Article 142 of the Constitution of India to all the High Courts and Trial Courts to refrain them from passing observations and imposing conditions in rape and sexual assault cases that trivialize the trauma undergone by survivors and which violate their human dignity under Art.21.