Rape is a more heinous offence than murder, the Himachal Pradesh High Court has observed while dismissing a bail petition by four people who allegedly gang-raped a married woman.
"A murderer destroys the physical body of a victim, while a rapist degrades the very soul of the helpless female. Such an offence transgresses the right of privacy and sanctity of a female," Justice Tarlok Singh Chauhan said in his order, which was provided to the media on Monday.
"The rape victim develops a fractured personality and leaves physiological and physical harm in that process. Therefore, the entire controversy is to be looked into from that angle," said the judge.
Observing that the accused do not have a right to make successive bail applications, he said the court entertaining such subsequent applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected.
"In such case, the court also has a duty to record what are the sufficient grounds which persuade it to take a different view from the one taken in the earlier application," Justice Chauhan said.
"The petitioner is accused of serious and heinous offence and his liberty at this stage cannot be placed at a high pedestal," he said.
The petitioner had sought grant of regular bail in the case registered at Barmana in Bilaspur district on May 28.
