Gujarat HC directs Rajkot sessions court to hear victim's advocate in Aatkot gang rape case
Rajkot, Oct 22 (IANS) Gujarat High Court has ordered the Rajkot Sessions Court to ensure that the advocate of the victim in the Aatkot gang rape case is given a fair and effective hearing during the bail proceedings of the accused. The court also emphasised adherence to the Supreme Court's ruling in the "Lakhimpur Kheri" case, stressing the victim's right to be heard at every stage of the criminal process.The case stems from an FIR filed on July 25, 2024, at Aatkot Police Station against Paresh Radadiya and Madhu Tadhani, who are charged under multiple sections of the Indian Penal Code, including gang rape (Section 376D), based on an allegation from a student residing at D.B. Patel Institutes of Education’s girls' hostel. The incident involves the alleged assault of a hostel inmate by a trustee and his associate.Following a cursory investigation, the chargesheet was filed on September 16, 2024. Two of the accused have yet to be arrested. During the investigation, both accused remained at large, only surrendering to the police on their own terms.Accused Paresh Radadiya initially sought anticipatory bail, which Sessions Judge Tamakhuwala denied, citing strong prima facie evidence. However, after the chargesheet was filed, the same judge granted Radadiya's regular bail, despite inconsistencies in the victim's statements and without properly hearing the victim's advocate. This led to an appeal in the Gujarat High Court for the cancellation of his bail.Similarly, when the second accused, Madhu Tadhani, applied for bail, the victim’s advocate was again denied an opportunity for oral submissions. The victim's legal team subsequently approached the Gujarat High Court, arguing that the Sessions Court had failed to uphold the Supreme Court's guidelines, particularly the ruling in the "Lakhimpur Kheri" case, which mandates the victim's right to be heard during bail applications.Exercising its writ jurisdiction under Article 226 of the Constitution of India, the Gujarat High Court directed the Sessions Court to comply with this directive and ensure the victim's advocate is heard in all future proceedings. --IANSjanvi/dan
Rajkot, Oct 22 (IANS) Gujarat High Court has ordered the Rajkot Sessions Court to ensure that the advocate of the victim in the Aatkot gang rape case is given a fair and effective hearing during the bail proceedings of the accused.
The court also emphasised adherence to the Supreme Court's ruling in the "Lakhimpur Kheri" case, stressing the victim's right to be heard at every stage of the criminal process.
The case stems from an FIR filed on July 25, 2024, at Aatkot Police Station against Paresh Radadiya and Madhu Tadhani, who are charged under multiple sections of the Indian Penal Code, including gang rape (Section 376D), based on an allegation from a student residing at D.B. Patel Institutes of Education’s girls' hostel.
The incident involves the alleged assault of a hostel inmate by a trustee and his associate.
Following a cursory investigation, the chargesheet was filed on September 16, 2024. Two of the accused have yet to be arrested. During the investigation, both accused remained at large, only surrendering to the police on their own terms.
Accused Paresh Radadiya initially sought anticipatory bail, which Sessions Judge Tamakhuwala denied, citing strong prima facie evidence.
However, after the chargesheet was filed, the same judge granted Radadiya's regular bail, despite inconsistencies in the victim's statements and without properly hearing the victim's advocate. This led to an appeal in the Gujarat High Court for the cancellation of his bail.
Similarly, when the second accused, Madhu Tadhani, applied for bail, the victim’s advocate was again denied an opportunity for oral submissions.
The victim's legal team subsequently approached the Gujarat High Court, arguing that the Sessions Court had failed to uphold the Supreme Court's guidelines, particularly the ruling in the "Lakhimpur Kheri" case, which mandates the victim's right to be heard during bail applications.
Exercising its writ jurisdiction under Article 226 of the Constitution of India, the Gujarat High Court directed the Sessions Court to comply with this directive and ensure the victim's advocate is heard in all future proceedings.
--IANS
janvi/dan
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