HC cancels bail granted by trial court to lecturer accused of sexually assaulting minor student
The Hindu
HC orders his arrest, saying that bail order is ‘perverse and capricious’
The High Court of Karnataka has ordered the arrest of a 39-year-old college lecturer accused of sexually assaulting a minor student, while terming as “perverse and capricious” the sessions court’s decision of granting bail to him without giving an opportunity of being heard to the complainant/victim as mandated in law.
The High Court said the trial court ought to have given an opportunity of being heard to the victim/complainant as per Section 439-1A of the Code of Criminal Procedure, which mandated issue of notice to complainant/victim when the victim is below 16 years of age.
Even though the victim was above 16 years when the complaint was lodged with the police, the High Court said the victim was only 14 years and 10 months when the sexual assaults took place on her.