Kochi: The Kerala High Court has rejected anticipatory bail to a rape accused stating that the young age of the accused while committing the alleged crime cannot be taken into consideration for granting bail.
Justice Gopinath P rejected the plea filed by a man arrested for allegedly raping his cousin with substantial hearing disability.
According to Live Law, the man is charged under Section 452 (house trespass after preparation for hurt, assault, wrongful restrain), 354 (assault or criminal force to woman with intent to outrage her modesty), 354A(1)(i) (Sexual harassment and punishment for sexual harassment), 354B (Assault or use of criminal force to woman with intent to disrobe), 376(2)(f) (punishment for rape on relative) and 376(2)(n) (punishment for committing rape repeatedly on the same woman) of the Indian Penal Code and Section 92(b) (punishment for offences of atrocities) of the Rights of Persons with Disabilities Act, 2016.
"Though the petitioner is stated to have been only 18 years of age at the time when the offence was committed, that by itself cannot be a ground to grant anticipatory bail to the petitioner, especially considering the nature of the offence involved,” Justice Gopinath P observed.
