The Delhi High Court, hearing a plea for guidelines for lower courts to prevent misuse of newly amended sexual offences act, has asked the trial courts to decide expeditiously on the bail petitions of those accused of sexual crimes.
A division bench of Chief Justice N.V. Ramana and Justice Manmohan, however, refused to quash Section 1 (2) of the Criminal Law Amendment Act, 2013, which came into existence after Dec 16, 2012, gang rape.
The petition, filed by a rape accused named Ashwini, said as per the section, any amendment made therein will have retrospective effect from Feb 3, 2013.
Arrested March 13, Ashwini has been facing trial in rape case and languishing in a Rohini jail here since March 16.
The plea contended that the newly amended act has also been misused by some women to file false rape cases or to extract money from the rape accused.
"After passing the Criminal Law Amendment Act, 2013, Delhi is flooded with false rape cases - either for personal vendetta or to settle her personal score or for extortion of money from the rape accused - and their fundamental right are being butchered by the trial court and police," the petition said, and sought guidelines for trial courts while dealing with bail applications of rape accused.
The petitioner contended that trial courts cannot deny bail in the sexual offences cases.
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His plea said that the trial court, after adjourning 13 times, refused to decide his pending bail application - a violation of his constitutional rights.
"The trial court can't refuse to grant bail in rape case, except in minor or gang rape, only on the sole testimony of victim without any corroborative statement of victim," the plea added.
Ashwini has been in jail on the charge of raping a 35-year-old neighbour. He said it was consensual sex about which his wife knew.
The trial court had framed rape charges against him.