The Lucknow Bench of the Allahabad High Court has rejected the bail application of a person accused of rape against a 20-month-old infant while she was sleeping alone.
A Single Bench of Justice Brij Raj Singh passed this order while hearing a Criminal Misc Bail Application filed by Mata Pher Rawat.
This is the second bail application.
The first bail application of the applicant was rejected for want of prosecution by Justice Mohd Faiz Alam Khan in Criminal Misc Bail Application vide order dated 05.09.2022.
The bail application has been filed seeking release of the accused/ applicant Mata Pher Rawat on bail, who is involved in Case under Sections 376 I.P.C and 5/6 POCSO Act, Police Station Haidergarh, District Barabanki.
Counsel for the applicant has submitted that the First Information Report was lodged by the grandfather of the victim and no one had seen the incident of rape on the victim.
It has been submitted by counsel for the applicant that the infant child of 2 years while sleeping on the cot had received injury on her private part by iron nail and it is not the case of rape.
He has submitted that the medical report indicates that no opinion of sexual assault has been given by the doctor and no definite opinion of rape has been given and also no spermatozoa has been found on the body of the victim, therefore, the prosecution case is not supported by the medical report.
Counsel for the applicant further submitted that the victim was referred to the KGMU Hospital for surgery of anal part and it indicates that rape was not committed.
Counsel for the applicant further stated that there is no criminal history against the applicant and he has been in jail since 26.02.2020.
On the other hand, Rajesh Kumar Singh, A.G.A-I has argued that the grandfather of the deceased had lodged the First Information Report mentioning that his grand daughter aged about 2 years was sleeping alone and the applicant committed rape on her due to which there was bleeding in her private part.
A.G.A further submitted that the medical report indicates that the hymen of the victim was newly ruptured and torn and there was tear in the vaginal wall along with vaginal bleeding.
A.G.A has further drawn attention towards the discharge summary of Department of Pediatric and findings that have been recorded are as follows: (i) Complete anterior rectal wall tear extending into anal orifice (ii) Tear of Fourchette (iii) Tear of distal 2/3rd of posterior vaginal wall (iv) Tear of internal and external anal sphincter .
A.G.A for the State has further drawn attention of the Court towards the statement of Ram Sanehi who has deposed before the Court that it was 2 O’ Clock in the daytime, he had taken food and the applicant Mata Pher had gone to other house to take food where his granddaughter was sleeping alone. The applicant did not eat food and he committed rape on her granddaughter. When the victim raised an alarm, family members of the victim reached the place of occurrence and as soon as the family members reached, the applicant ran away from the place of occurrence and Ram Sanehi and his family members saw that there was bleeding from the private part of the victim.
A.G.A for the State has further submitted that it is a heinous crime and an infant of 20 months was brutally raped by the applicant and there is no iota of doubt and no reason as to why the applicant will be implicated falsely in the case. The applicant had come to the house of the victim who was sleeping alone and rape was committed by him. Since the applicant has committed a heinous offence therefore, he does not deserve mercy of the Court and thus, the bail application of the applicant is liable to be rejected.
“Considering overall facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for the parties, it is evident that medical report indicates that private part of the victim was ruptured and vaginal bleeding is found, the summary discharge report also indicates that the victim received serious injuries on her private part that is why she was referred for surgery, the crime appears to be very serious as the infant of about 20 months who was sleeping alone was raped by the applicant, thus, I do not find it to be a fit case for grant of bail”, the Court observed while rejecting the bail application.