Mitali Palnitkar
Published On: January 2, 2022 at 13:28 IST
The Bail Plea of Sunil Kumar alias Sunny was dismissed by the Punjab and Haryana High Court. Sunny was the main Accused in the 2018 Gangrape Case in Morni.
The 2019 order of Trial Court dismissing the Bail Plea of the Accused was challenged by him in the High Court on April 8.
It was argued that even if the Allegations were correct, an offence would be constituted under Immoral Traffic (Prevention) Act, which is punishable for an Imprisonment of maximum 2 years. But a sentence of 3 years and 6 months had been undergone by the Petitioner. He also claimed that the allegations of Rape were not corroborated by the medical evidences provided.
The Bench of Justice Gurvinder Singh stated, “The Petitioner, being the main Accused, and the allegations against him virtually having been substantiated, this Court is unable to accept the contention that it is merely a case of Immoral Traffic (Prevention) Act, 1956 and not of Section 376-D IPC (gangrape).”
In the Morni Gangrape Case, the Victim alleged that she was Raped by 8-10 men from July 15-18, 2018 for four days which included two Policemen as well. The incident took place at Lovely Guest House, Kaimbwala, Morni.
The Police claimed that the Guest house was run by the main Accused Sunny where the woman was called in the name of offering employment but was Raped. She was made a captive as the Accused invited his friends and allegedly shared the photos of the Victim with his friends.
The Court stated that sending the photographs of the Victim to friends would substantiate the case of Prosecution. Also, the woman was kept in a hotel room and it was unlikely that her cry could be heard by anyone else.
The Bench dismissed Sunny’s Plea stating that, “As such, with regard to aforestated facts and the heinous nature of crime, no case for grant of Bail is made out.”