Rape accused engineer moves Supreme Court over Rajasthan HC's ‘erroneous' travel order
The petitioner in his plea said the high court, in a clear violation of the "procedural impropriety" and without hearing or impleading his wife, who is currently employed in the US, and ignoring that she is not a part of the criminal case, directed her to remain in India.
The petition, filed through advocate Ashwani Dubey, submitted that the said impugned direction passed by the high court was "erroneous" and violative of the fundamental rights under Article 21 of the Constitution.
The matter is listed for hearing on August 8.
The counsel argued that the direction suffered from procedural irregularity and legal perversity, having been passed without affording a hearing to the person affected.
Also Read: SC sets aside jail term of man found juvenile in rape case, upholds conviction
Petitioner is the Indian passport holder
"The petitioner is the Indian passport holder and Indian citizen and he is not the citizen of any other country and he will be under the control of Consulate General at USA and there are no chances of his absconding as he is willing to go abroad to earn his livelihood on work visa and therefore, there is no question of his absconding.
"He will be going for a specific period and he undertakes a specific oath before this Court that he shall make himself available for trial as and when directed, therefore, there is no question of delay in trial and also there is no question of his absconding," the plea said.
The engineer was booked for rape at the Christianganj Police Station of Ajmer.
Accused and the woman met online
According to the petition, the accused and the woman met on an online matrimonial site and had a close acquaintance for a period of approximately four years.
It was alleged that the man entered into an intimate relationship with the complainant, promising her that he would marry her.
Under apprehension of arrest, the engineer moved an anticipatory bail application, which was allowed.
He then moved an application before the trial court to allow him to go abroad to the USA for employment.
The trial court dismissed the application, which was assailed before the high court, which allowed him to go abroad but imposed a condition that his wife must remain in India.
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