Delhi HC cancels bail of man accused of raping bipolar woman | Delhi News

NEW DELHI: The Delhi High Court has overturned bail for a man accused of raping a woman with bipolar disorder by luring her on the grounds that there was an evil dog spirit in her body that needed to be removed by an occultist. Judge Mukta Gupta quashed bail granted by the trial court and said the defendant lives close to the prosecutor and is likely to intimidate or influence her again.
The judge, who was dealing with a challenge to the bail order filed by the prosecutor’s father, ordered the accused to surrender within a week and observed that the court order of first instance suffered from “flagrant illegality” because it was unaware of the woman’s statement made to the magistrate, the seriousness of the offense and the fact that her statement had not yet been recorded for trial.
“The Impugned Order of September 7, 2021 is set aside. The bond granted to Respondent #2 (accused) is set aside. Respondent #2 will be returned to custody within one week,” the court ordered. court.
The prosecutor, a 37-year-old woman who suffered from bipolar disorder and was going through a divorce, was taken to Nainital instead of Vaishno Devi by the defendant who put vermilion on her head to make her believe that they were married and then incarcerated had sex with her.
Granting bail to the defendant, the trial court said that bipolar disorder does not permanently affect the mental state and a video of the defendant and the prima facie prosecutor showed that the woman was conscious, oriented and aware of the nature of the act and that she could be seen voluntarily accompanying the accused.
Judge Gupta found that the trial court “failed to notice that awareness and orientation are different from the ability to exercise sound mental judgment and realize that the victim is being induced to become the prey. of the accused”.
“The learned Judge of the Supplementary Sessions did not notice that Respondent No. 2 lived in the neighborhood of the Prosecutor, was therefore aware of and took advantage of the mental faculties of the victim, for her marriage was broken down and she was desirous of obtaining married, he lured her by stating that he would eliminate the evil spirit from her soul, marry her off to a boy, and called her July 21, 2021.
“Under the guise of taking her to Vaishno Devi, Respondent No. 2 took her to Nainital where he had sex by giving intoxicants in cold drinks,” the court said in the order issued on Friday. .
She also rejected the defendant’s assertion that the prosecutor’s father cannot be authorized to act as his legal guardian and filed the present motion to vacate bail.
The court observed that the parents of the prosecutor are the plaintiffs who filed the complaint immediately and that they certainly fall into the category of “injured persons”.
The prosecution told the court that the prosecutor’s statement to the magistrate detailed how the defendant manipulated her and took advantage of her mental state.
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