Punjab and Haryana High Court: An application for suspension of sentence by three convicts in JGLS Sonepat rape case was approved after analyzing the statements of cross-examinations of the prosecutrix. The bail order was passed by the Division Bench comprising Mahesh Grover and Raj Shekhar Attri, JJ, stating that it would be a travesty of justice if young minds like the convicts are confined to jail for inordinate period depriving them of education and also, the opportunity to redeem themselves in the normal society.
The three convicts and prosecutrix were students in OP Jindal Global University and the case of prosecutrix was that the three accused had subjected her to heir sexual demands and gratification over a period of two years while blackmailing her to circulate her nude pictures with one of them.
The Judges on examining a few parts of the testimony of victim came to the conclusion that it offers an alternate story of casual relationship with her friends and the convicts. It was further stated that acquaintances, adventurism and experimentation in sexual encounters by the victim reveal her promiscuous nature. The Court observed that entire case was nothing, but reflected the degenerative mindset of the youth breeding denigrating relationships of sex, drugs and voyeurism throwing up before it 4 young lives and their families in abyss.
The Court went on to express its concern to retrieve the youth from such a tragedy giving insight into the nefarious activities of youngsters these days. The Court noted its statement in these words: ‘…but a careful examination of her statement again offers an alternative conclusion of misadventure stemming from a promiscuous attitude and a voyeuristic mind…’
The Court granted bail to all three of them on a condition that they must not leave the country or contact the prosecutrix and also that they must undergo psychiatric counselling “until they are free of their voyeuristic tendencies”. A compensation of Rs. 10 lakhs was directed to be paid to the victim to be shared by all the three co-accused. [Hardik v. State of Haryana, Cr.M.No. 23962 of 2017 in Cr.A.No. S-2396-SB of 2017, decided on 13.09.2017]
