Supreme Court of India · 2007-10-10
STATE OF MAHARASHTRA vs MOHD.SAJID HUSAIN MOHD.S.HUSAIN ETC.
- Citation / case number
- SC 2007/20064
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- MOHD.SAJID HUSAIN MOHD.S.HUSAIN ETC.
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court overturned the Bombay High Court's order granting anticipatory bail to the respondents accused under Sections 376, 342 IPC and Section 5 of the Prevention of Immoral Trafficking Act. The Court emphasized that the prosecutrix's age was a critical factor, as medical evidence suggested she was a minor, thus impacting the applicability of the law. The Court held that anticipatory bail was not warranted given the serious nature of the allegations and the potential for tampering with evidence, leading to the dismissal of the bail application.