New Delhi: The Supreme Court on Tuesday declined to grant bail to the 23 accused in the 'Suryanelli rape case’ in which the Kerala High Court had sentenced them to imprisonment ranging from seven to 10 years.
A Bench of Justices Dipak Misra and Prafulla C Pant told counsel for the accused “we are not inclined to grant bail at this stage. Your contention that they have already undergone one and half years imprisonment does not impress us.”
Justice Misra after hearing the submissions of varous counsel that the girl had falsely implicated most of them, observed “it (allegation of rape) may be improbable and unbelievable, but we have to decide this case one way or the other.”
Senior counsel Asaf Ali, Director General of Prosecution, Kerala appearing for te State submitted that the 16-year-old girl was enticed by Dharmarajan that he will marry her.
But she was raped for 40 days by 35 to 40 odd persons. When counsel said the girl was 'supplied’ to several people and various places, Justice Misra remarked “then it must not be rape, she must have gone with consent. How can you say it is rape. Further she has moved freely in bus, train and went to cinemas. When she was in custody how is this possible. Whey did she not leave from that place.”
Earlier host of lawyers submitted that the entire case was concocted that she had falsely implicated the accused. There was no rape or gang-rape as alleged by her as she was freely moving and the entire evidence is contrary to common sense, they argued and pleaded for bail. But the bench said it would hear the main appeal on March 16, 2016 and if for some reasons, the appeals could not be heard then it will take up the question of bail.
The prosecution case was that the 16-year-old schoolgirl from Suryanelli in Idukki district was enticed, abducted, and sexually exploited by a bus conductor on January 16, 1996. She was later handed over to two others, including the prime accused, who was a lawyer. The duo presented her to several men. Her abductors released the girl on February 26, 1996.
On September 6, 2000, a special court sentenced the 35 accused to rigorous imprisonment for varying terms. The first accused, conductor Raju, and the second accused, Usha, were sentenced to 13 years’ rigorous imprisonment with fine, and an additional jail term of four years on different counts.
The key accused, Dharmarajan, was absconding, but was arrested later. The trial court had convicted all the 35 accused on charges of rape, gang rape, and kidnapping, but the High Court in January, 2005, acquitted all except one.
After the apex court remitted the case back to the Kerala High Court, all except 23 were convicted. The present appeals are directed against this judgment.
