High Court Spotlights Procedural Lapse, Orders Release of Rape Accused

The Bombay High Court ordered the release of a man accused of raping a hearing and speech-impaired woman due to procedural lapses in his arrest. The court acknowledged the seriousness of the crime and allowed police to re-arrest the man, emphasizing that procedural errors should not affect the survivor's justice.

The Bombay High Court has ordered the release of a man accused of raping a hearing and speech-impaired woman, highlighting procedural lapses in his initial arrest. The court made it clear, however, that the nature of the alleged crime remains serious and provided the police with the liberty to re-arrest the accused as needed.

In its ruling, the court pointed out that the accused had spent an entire day in a police station prior to being formally arrested, a timeline that violates legal stipulations that require suspects to be presented in court within 24 hours. This procedural failure led the court to conclude that the accused's detention was illegal.

The High Court emphasized that while the missteps of the police cannot be ignored, it is crucial that the survivor does not suffer from these errors. Thus, to strike a balance, the court has permitted the investigating agency to re-arrest the man if they find it appropriate, ensuring that justice is served without infringing on legal procedures.

(With inputs from agencies.)