Courts Update Allahabad High Court denies bail to a man accused...

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

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Allahabad Aug 19(ILNS): The Allahabad High Court on Tuesday rejected the bail application of the accused of raping a 13-year-old Class V student while expressing concern over the increasing incidents of rape of minor girls and said that such heinous crime should be strictly stopped.

A Single Bench comprised of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc. Bail Application filed by Jasman Singh @ Pappu Yadav.

The application has been filed by applicant-Jasman Singh alias Pappu Yadav, who is involved in the case under sections 323, 376(2)(1), 452, and 506 IPC, and section 3/4 of Protection of Children From Sexual Offences Act, Police station Jakhaura, district Lalitpur, seeks enlargement on bail during the pendency of the trial.

As per the prosecution case, Kalawati, the informant, who is the aunt of the victim lodged the first information report on February 17, 2019, at 1.15 hours in respect of the incident, which took place on February 16, 2019, at 16.30 hours against the applicant alleging inter alia therein that on February 16, 2019, at about 4.30 p.m. the victim, aged about 13 years, who after the death of her mother residing with the informant, was alone in the house for doing some house-hold work and all the family members had gone to agricultural field for cutting fodder.

The applicant taking the advantage of the situation forcibly entered the house of the informant, and threatening to kill the victim, she was dragged inside the room by grabbing her hair and forcibly committed rape upon the victim.

At that time, suddenly the informant, her son Rohit and one Magan came to the house and knocked on the door, but when they entered the house, they saw the victim lying unconscious in a naked condition and the applicant tried to flee away by climbing the wall, but he was caught hold by Rohit, Magan Vishwakarma, Arjun and Madhav alias Chotu at the spot. When the victim gained consciousness, she narrated the whole incident.

Thereafter, the Police were informed about the incident on phone by the family members of the informant, on which the applicant was arrested by the police from the house of the informant.

It is argued by the Counsel for the applicant that there was a love affair between the victim and the applicant. She herself called the applicant, but he was caught hold by the family members of the victim.

It is further submitted by the Counsel for the applicant that there is also a dispute between the informant and the applicant regarding the land, therefore, the applicant has been falsely implicated in the case.

It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since February 16, 2019.

It is next contended that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. Counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

Additional Government Advocate has opposed the bail prayer of the applicant by contending that as per the 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 Cr.P.C. has made allegations of committing rape upon her forcibly by the applicant and also supported the prosecution case.

A.G.A. said that the applicant has a criminal history of six cases, as mentioned in the 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.

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 the 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, 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 a 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 the fifth standard.

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

“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. In almost rape cases, the victim was unwilling to report the name of the abuser. The families of the victim remain silent about the sexual offenses 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 Court said.

Considering the facts and circumstances of the case, submissions advanced on behalf of parties, the gravity of the offense, and the severity of the punishment, I do not find any good ground to grant bail to the applicant, the Court observed.

Accordingly, the Court rejected the bail application./ILNS/AP/SNG

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