US girl gang rape: No bail for accused
The Bombay High Court on Wednesday refused to grant bail to one of the accused — Dev Colabawala — who had claimed that he did not even touch the victim.mumbai Updated: Nov 19, 2009 01:43 IST
The Bombay High Court on Wednesday refused to grant bail to one of the accused — Dev Colabawala — who had claimed that he did not even touch the victim.
The high court has directed that the trial be expedited in the fast-track court and be completed within six months.
“Allegations cannot be said to be unfounded considering the circumstances in the case,” observed Justice V.M. Kanade.
Anish Borkataki, another accused, withdrew his bail application after the HC expressed that he was not going to be released on bail.
While rejecting Colabawala’s bail, the HC observed that there was an increase in the number of gang rapes in the city and that the legislature had inserted section 376(2)(g) of the Indian Penal Court to ensure that such offences do not go unpunished. The minimum sentence for the offence is ten years, which be extended to a life sentence.
The court also refused to believe their defence that there was no common intention to rape the victim since they were not present in the room with the victim. “Taking all facts into consideration, mere presence of the accused (in the house) is sufficient to show furtherance of common intention,” observed Justice Kanade.