The Allahabad High Court has rejected the bail application of Kuldeep, who is accused of raping a 13-year-old minor girl in Kakwan police station area of Kanpur city.
A single-judge bench of Justice Krishna Pahal passed this order while hearing a Criminal Misc Bail Application filed by Kuldeep.
The Applicant seeks bail in Case under Sections 376AB I.P.C read with Section 5(i)/6 of POCSO Act, Police Station Kakwan, District Kanpur Nagar, during the pendency of trial.
The applicant is stated to have taken the minor daughter of the informant aged about 13 years on 29.11.2020 to a field and raped her.
Counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the case due to money transaction between the informant and the applicant. The statement of the victim recorded during trial as categorically indicates that she was tutored by the police, as such her statement cannot be relied upon.
As per the statement of the doctor during trial, she has categorically stated that the victim was referred to the CMO for ascertaining her age but there is nothing on record to suggest that the said medical examination for ascertaining her age has been undertaken by the authorities.
Another ground is the period of incarceration undergone by the applicant and he is in jail since 01.12.2020 and the fundamental rights of the applicant stands violated. The period of detention comes out to be marginally less than four years. As such, the applicant is entitled for bail.
The bail application has been opposed by state counsel on the ground that the injuries sustained by the victim are of such grave that it would shock the conscious of any person of normal prudence. The victim was even operated on her injuries.
The Court observed the victim was operated upon at the Obstetric Care Centre and her complete perineum tear repair was done with sigmoid colostomy. The primary repair of rectum perinial and vaginal valve by pediatric surgery team was also conducted and the victim was discharged after treatment for 15 days.
The case concerns the rape of a minor child aged about 13 years. This offence stands as one of the most diabolical and heinous crime imaginable, reflecting an alarming degree of moral and psychological depravity. Such acts are not only a violation of the individual but of the very essence of humanity.
The medical injury report and the treatment history presented in the case is profoundly disturbing. Its contents would shake the conscience of any reasonable person, no matter how hardened. The gravity of the injuries inflicted upon the victim speak to the brutality and inhumanity of the accused’s actions, leaving no room for doubt regarding the nature of the crime.
“Crimes of this nature represent a severe breach of the societal order. The innocence of a child has been shattered and the effects of such a grievous act will resonate throughout the victim’s life. It is imperative that as a guardian of justice, a clear and unequivocal message has to be sent indicating that such depraved actions can not be tolerated under any circumstances.
Considering the facts and circumstances of the case, taking into consideration the age of the victim and gravity of the injury sustained by her and without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail,” the Court observed while rejecting the bail application.