Saturday, December 3, 2022

Allahabad High Court rejects bail plea of two persons, accused of raping minor relatives

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The Allahabad High Court has rejected the bail application of two persons, who were accused of molesting and raping two minor girl relatives.

A Single-Judge Bench of Justice Sanjay Kumar Singh passed this order, while hearing a Criminal Miscellaneous Bail Application filed by Naresh alias Bhura and Tejpal.

The bail applications were filed by the accused applicants with the prayer to enlarge them on bail in case under Sections 354, 376 IPC and 5(N)/6 and 9(N)/10 of POCSO at police station Kakore, district Bulandshahr.

The victims said they were living with the accused for years, as their parents had died.

The allegations against the applicants were that they sexually exploited the girls. The minors narrated the incident to their maternal aunt (Mausi) and step-sister about the misdeed, but they did not pay any heed to the allegations.

Failing to get any proper response, the victims ultimately disclosed the facts to their school teacher, who informed the Child Welfare Committee.

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The girls were rescued on December 1, 2021 from the school and admitted to Sakhi One Stop Centre, where their medical was conducted and statements recorded.

The Court has been informed by the Additional Government Advocate that both the victims are studying in Kasturba Gandhi Inter College and living in the hostel of the college at Bulandshahr.

The first information report was lodged by one of the victims under Sections 354, 376 IPC and 5(N)/6 and 9(N)/10 of the POCSO Act, police station Kakore, district Bulandshahr.

When the case was taken up on February 16, 2022, a coordinate Bench of the Court directed the Chief Judicial Magistrate to produce the victims before the Court.

It was contended by counsel for the applicant that the applicants have been falsely implicated in the case at the behest of one Sonu due to land dispute.

Counsel for the applicants further contended that the victims were rescued on December 01, 2021, but the FIR has been lodged on December 04, 2021 for which no plausible explanation has been given.

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Lastly, it is submitted by the counsel for the applicants that there is no chance of the applicants fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since December 04, 2021and in case, the applicants are released on bail, they will not misuse the liberty of bail and cooperate with the trial.

Additional Government Advocate opposed the prayer for bail of the applicants by contending that both the victims in their statements under Section 161 and 164 Cr.P.C have fully supported the prosecution case and narrated the mis-deed done by both the applicants.

Additional Government Advocate further submitted that victims are aged about 10 and 11 years and there is no reason for them to falsely implicate the applicants, who are their brother-in-law (Jija) and maternal uncle (Mausa).

Additional Government Advocate also submitted that as per medical report the hymen was old torn and healed and doctor opined that sexual violence cannot be ruled out.

Also Read: Allahabad High Court rejects bail plea of two persons, accused of raping minor relatives

AGA also submitted that the innocence of the applicants cannot be adjudged at pre-trial stage. Bail applications of the applicants are liable to be rejected.

Having heard counsel for the parties and examined the matter in its entirety, I find that as per medical reports the age of the victims are 10 and 11 years, who have not only fully supported the prosecution case, but also disclosed the dehumanizing act of the applicants, the Court observed.

In this case, the Court found that a heinous crime had been committed with a minor girl aged about 10 and 11 years. Sexual violence apart from being a dehumanizing act is an unlawful intrusion of the right to privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self esteem and dignity. It degrades and humiliates the victim and where the victim is a helpless innocent child, it leaves behind a traumatic experience.

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“Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicants, and severity of punishment, I do not find any good ground to release the applicants on bail”

-the Court said while rejecting both the bail applications.

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