“Crime Against Minor Girl Can Disturb Public Order Even If Committed In A Secluded Place”: Allahabad HC Upholds NSA Detention Order in Rape-Murder Case
Case: Ram Sewak v. State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors.
Coram: Justice Rajan Roy and Justice Shekhar Kumar Yadav
Case No.: Habeas Corpus Writ Petition No. – 30758 Of 2021
Court Observation: “An incident involving rape and murder of a minor girl is bound to send shock waves and create a sense of fear and terror amongst residents of the locality. Crimes on women and crime on minor girls create sensation in the locality wherein the residents become fearful of well being of women, especially girls in their family. It is bound to disturb public order. Crime of rape and murder on a minor girl can be committed only by a depraved person with a hardened criminal mentality who lacks sensitivity and emotions towards the fairer sex, especially small children. Such an offence cannot be said to be an individual offence against the person of the deceased. Crime, generally, is not only against the individual in respect to whom it is committed but also against the society, but it is more so, in the case of rape and murder of a girl child as such crimes, send shock waves throughout the society,”
“The fact that the petitioner does not have a prior criminal history is irrelevant considering the impact of his alleged crime on the even tempo of life in the locality as already discussed. We are not concerned as to whether the offence was actually committed by the petitioner or not as that is a matter which will be seen during the trial”
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