NEW DELHI: The Supreme Court on Friday refused to entertain the custody of a girl with alleged sexual attack by TV anchor Varun Hiremath searching for rescue of anticipatory bail granted to him from the Delhi high court.
A seat of Justices Navin Sinha and Ajay Rastogi reported the girl’s statement listed under Section 164 of the Criminal Procedure Code prior to a magistrate certainly didn’t justify the apex court to interfere with the aid given to the anchor from the HC.
The petitioner’s counsel, senior advocate Nitya Ramakrishnan, said that the girl had honestly captured her announcement she had disrobed willingly but had hurried to Hiremath pushing himself despite repeated refusals.
“Disrobing doesn’t imply that she agreed to sexual activity which made an offence out of rape granted the statutory changes revealed following the Nirbhaya group rapecum-murder instance,” she explained.
Ramakrishnan reported the behavior of the accused needed to be considered from the apex court because he’d absconded after enrollment of the FIR and evaded arrest warrants.
“The lady’s daddy 164 announcement clearly indicates that she’d indicated to him that she didn’t need to move beyond a particular point.
It’s a settled law which approval of the girl is essential for each component of their sexual activity.
Considering that the approval has been denied at a particular stage, the offence obviously would be viewed as rape,” she explained.
The seat made the senior urge read specific parts of the Department 164 statement and stated,”If a man and a girl have an area, and the guy creates a request along with the girl disagrees with this, do we have to mention anything more?” The seat rejected the request stating it wasn’t likely to interfere with the Delhi HC order prohibiting pre-arrest bond to Hiremath.
The girl had detained Hiremath of sexually attacking her at a hotel in Delhi at February.
The trial court was refused his anticipatory bail plea in March.
The HC given him relief on May 13.
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