Shiva Bansfod, a rape accused from Hata in Kushinagar, was brought to Deoria district court for a hearing on Thursday but managed to escape from custody, leading police to launch a search operation immediately.
A man accused of rape escaped from police custody and fled from the court premises in Deoria district, eastern Uttar Pradesh, on Thursday.
Additional Superintendent of Police Arvind Verma informed media that the suspect, Shiva Bansfod, was arrested by Mahuadih police in Deoria on charges of rape and under the Protection of Children from Sexual Offences (POCSO) Act.
Also Read: Pune Rape Case || Accused Datta Gade’s Lawyer Kidnapped & Assaulted
Bansfod, a resident of Hata in Kushinagar district, was placed in judicial custody and brought to the district court for a hearing on Thursday. According to the police, he managed to flee while in custody.
Authorities are currently making efforts to locate and apprehend the escaped inmate, with the officer stating that “all legal procedures and necessary action will be taken in the matter.”
1. Indian Penal Code (IPC)
Section 376 – Punishment for Rape
- If the accused is found guilty of rape, he may face:
- Minimum 10 years of rigorous imprisonment, which may extend to life imprisonment.
- Also liable to fine.
- This section is invoked when a man commits rape as defined under Section 375 IPC.
Section 224 – Resistance or Obstruction by a Person to His Lawful Apprehension
- If someone intentionally escapes from lawful custody, he can be punished with:
- Imprisonment up to 2 years, or fine, or both.
Also Read: Rape Accused Shot While Escaping in UP’s Hathras: “He Snatched Officer’s Pistol & Fired”
Section 225 – Resistance or Obstruction to Lawful Apprehension of Another Person
- If anyone helps a prisoner escape, they are also liable under this provision.
- Punishment varies based on the gravity of the original offence. If the original offence is punishable with life imprisonment (like rape under Section 376), the helper may face up to 7 years’ imprisonment.
Section 223 – Escape from Confinement or Custody Negligently Suffered by Public Servant
- A public servant (e.g., police constable) who negligently allows an accused to escape may be punished with:
- Imprisonment up to 2 years, or fine, or both.
2. Protection of Children from Sexual Offences (POCSO) Act, 2012
- The accused is also booked under the POCSO Act, since the survivor is a minor.
- Relevant provisions may include:
Section 4 – Punishment for Penetrative Sexual Assault
- Punishment: Minimum 20 years imprisonment, which may extend to life imprisonment.
- Fine imposed must be just and reasonable to meet the medical and rehabilitation expenses of the child.
Section 6 – Aggravated Penetrative Sexual Assault
- If the act is committed by someone in a position of trust or authority (like a guardian, teacher, etc.), punishment is life imprisonment and fine.
3. Code of Criminal Procedure (CrPC)
Section 439 – Special powers of High Court or Court of Session regarding bail
- Since the accused is in a serious POCSO and rape case, bail can only be granted by a Sessions Court or High Court, not a Magistrate.
Section 173 – Report of police officer on completion of investigation
- After investigation, the charge sheet is filed under this section for trial.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
