HYDERABAD: A single-judge bench of the Sindh High Court, Hyderabad circuit, comprising Justice Abdul Maalik Gaddi on Friday rejected interim pre-arrest bail of three accused in a gang-rape case.

The three accused were arrested in court as soon as the judgement was pronounced. According to the court order, bail pleas of the accused were rejected by trial court in a case registered at Badin police station.

The victim in her FIR had stated that she was abducted on Feb 24-25 midnight by four persons who had barged into her house in Badin. She said the accused took her to the autaq (guestroom) of a fifth person, who was present there. She alleged that two suspects subjected her to rape for four days in captivity and left her outside the house on Feb 28.

Earlier, the accused were granted bail by the high court but it was later dismissed on August 10 for non-prosecution. The three accused filed a fresh application for their pre-arrest bail which was disposed of through a common order on Friday.

The applicants’ lawyers pointed out that the two sides were involved in an enmity, and argued that the FIR was lodged after a delay of 17 days without a plausible reason. They said that one co-accused was granted bail by trial court.

The complainant was present in court and identified two of the suspects. She said they had enmity with her husband. She said she would have no objection if they were granted bail. The additional prosecutor general opposed the bail arguing that the accused had committed a heinous offence.

The judge noted that from perusal of the FIR, it appeared that a specific role was assigned to the accused and the delay in lodging the FIR was caused as the SHO concerned had initially refused to register the case, forcing her to file an application before sessions judge and then the case was registered on March 12.

The judge was not impressed by the argument that a co-accused was granted bail in the case. The court order said this FIR did not need further inquiry, therefore, “both bail applications are dismissed and order of Aug 13, 2020, allowing them bail, is recalled”.

The court recorded its shock that the SHO concerned had not even bothered to record her statement for FIR in heinous offence which compelled her to approach the sessions judge concerned.

The investigation officer (IO) did not appear before court along with police papers.

The court ordered the Badin SSP to take necessary action against the IO for his failure to appear in court and submit the final charge-sheet of the case.

Published in Dawn, September 19th, 2020