The court, however, declined to entertain her plea to transfer the appeal of the convict in the case to the Delhi high court.
The Supreme Court today declined to entertain the plea of a British woman who was allegedly raped to transfer the appeal of the convict to the Delhi high court but directed the Rajasthan government to give her sufficient security.
A bench of justice Markandeya Katju and justice TS Thakur,
however, directed that the appeal filed by the convict Parbhat
Singh Rana in the Rajasthan high court against the life sentence awarded to him shall be heard by a bench other than the one which had initially granted him bail.
The apex court passed the direction while dismissing the appeal filed by the victim seeking transfer of the appeal proceedings from the Rajasthan high court to the Delhi high court on the ground that Rana was an influential individual and she feared a threat to her life.
Appearing for the victim, counsel Nikhil Jain alleged that Rana was an influential man with deep political links and the local community was also supporting him and hence the victim was facing a constant threat to her life.
He submitted that even during the trial proceedings, Rana had tried to intimidate his client a number of times. Moreover, he pointed out that the Rajasthan government also did not challenge the bail granted by the high court within three months of the conviction and life sentence imposed on Rana by a fast-track
court in Udaipur on April 30, 2008.
However, the arguments failed to persuade the bench, which said that in the appeal proceedings, the presence of the victim is not necessary and she can be represented by her counsel. As a result, there was no need to shift the case to Delhi.
It, however, said the Rajasthan government shall provide sufficient security to the victim.
The victim, a British national and journalist, was allegedly raped by Rana on December 23, 2007, at a lodge in Udaipur owned by him. The woman was on vacation and staying at the lodge. Rana is alleged to have committed the offence on the pretext of offering a blanket.
The fast-track court convicted and sentenced Rana to life in prison on April 30, 2008, but the Rajasthan high court stayed the sentence and granted him bail on July 29, 2008.
Aggrieved by the convict getting bail, the victim approached the Supreme Court, which in January 2009 cancelled the bail.
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