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Allahabad High Court denies bail to man accused of raping minor, says increase in rape incidents in a country that worships girls, is worrisome

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The Allahabad High Court has rejected the bail application of a person accused of raping a 13-year-old Class V student, while stating that in a country that worships little girls, the increase in cases of pedophilia is worrisome.

A Single-Judge Bench of Justice Sanjay Kumar Singh passed this order on Tuesday, while hearing a criminal miscellaneous bail application filed by Jasman Singh alias Pappu Yadav, seeking enlargement on bail during the pendency of trial.

“In this case, a small innocent girl has been raped, who does not understand its meaning. Little girls are worshiped in our country, but the cases of pedophilia are increasing. Rape is a heinous crime. The victim suffers from psychological effects of embarrassment, disgust, depression, guilt and even suicidal tendencies. Many cases go unreported,” the Court observed.

“In almost all rape cases, the victim was unwilling to report the name of the abuser. The families of the victim remain silent about the sexual offences in order to protect the family image. The victim/female small child experience sexual abuse once tend to be more vulnerable to abuse in adult life. Healing is slow and systematic. In such a situation, if the right decision is not taken from the Court at the right time, then the trust of a victim/common man will not be left in the judicial system. This is the time to strictly stop this kind of crime”, the Bench noted.

A case was registered under Sections 323, 376(2)(1), 452 and 506 of IPC, and Section 3/4 of the Protection of Children From Sexual Offences Act at Police Station Jakhaura in district Lalitpur against Pappu on the basis of an FIR lodged by Kalawati, aunt of the victim, on february 17, 2019.

She said after the death of her mother, the girl was residing with her. On February 16, 2019 at around 1630 hrs, the victim was alone in the house for doing some household work and all the family members had gone to agricultural field for cutting fodder.

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The accused forcibly entered the house and threatening to kill the victim, committed rape on her. Suddenly, Kalawati, her son Rohit and one Magan came back. When they entered the house, they saw the victim lying unconscious in a naked condition.

The accused tried to flee away by climbing the wall, but he was caught hold by the family members. When the victim gained consciousness, she narrated the whole incident. Thereafter, police was informed about the incident, who arrested Pappu.

It was argued by the Counsel for the applicant that there was a love affair between the victim and the applicant. She herself called Pappu, but he was caught hold by the family members of the victim. He further submitted that there was also a dispute between Kalawati and Pappu regarding the land and the accused has been falsely implicated in the case.

The Additional Government Advocate opposed the bail prayer of the applicant by contending that as per medical examination report, the victim is a minor child, aged about 13 years. The applicant has committed rape upon the victim in her own house and he was apprehended by the family members of the victim at the spot.

It is further submitted that the victim in her statement under Section 164 CrPC has made allegation of committing rape upon her forcibly by the applicant and also supported the prosecution case.

The AGA said the applicant has a criminal history of six cases, as mentioned in bail rejection order of the applicant dated October 23, 2020, but in the bail application, it is mentioned that the applicant has no criminal history.

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After having heard the arguments of Counsel for the parties, the Court finds that the applicant has a criminal history of six cases as mentioned in bail rejection order of applicant dated October 23, 2020, but in the bail application it is mentioned that the applicant has no criminal history, as such the applicant has not come with clean hands before this Court and suppressed his criminal history.

The Court said in the bail application, it is mentioned that there is dispute between the applicant and informant regarding the land, but no material in this regard has been brought on record. The victim, aged about 13 years, is studying in fifth standard.

According to the medical examination report of the victim, all epiphysis are not fused. In the opinion of the doctor, who conducted the medical examination of the victim, sign of violence were seen and sexual violence cannot be ruled out. The offence of committing rape upon a minor child is heinous in nature.

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