The Allahabad High Court while rejecting the bail application of a man accused of raping a 4-year-old girl, said that a small innocent child, who does not understand the meaning of rape, has been targeted in the crime.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Misc Bail Application filed by Ahsan.
By means of the application, the applicant is seeking enlargement on bail in Case under Sections 363, 376, 511 IPC and Section 9M, 9U/10 POCSO Act, Police Station Katghar, District Moradabad.
The prosecution story is that on 21.04.2024 at around 3 o’clock in the day, a spectacle was going on in front of the informant’s house and hearing the sound, the informant’s daughter, aged about 4 years went to see the show. After some time, the people of the locality informed him that victim is being forcibly taken away by applicant Ahsan. At that time, the informant informed her mother-in-law and mother were called by Sagar and went out to search the child.
It is further alleged that after crossing the railway gate, a sound of crying came from the direction of the trees and when they went closer and looked, they saw the accused Ahsan, who was wrapped up with child with wrong intentions and clothes of the child were torn and there were cut marks on her cheeks and back, waist and mouth. The child was in unconscious state, an attempt was also made to rape. It is further alleged that seeing the informant and others, the accused Ahsan ran away from the spot.
Contention as raised at the Bar by counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the case. The applicant has never committed any offence as alleged in the impugned FIR. There is no eye witness of the alleged incident has been produced to support the prosecution story. The incident is alleged to have occurred on 21.04.2024 whereas the impugned FIR has been lodged on 27.04.2024 i.e after six days for which no explanation of delay has been mentioned.
Earlier the applicant has moved an application against Waseem, who is dever of the informant, alleging therein that on fateful day when the daughter of applicant returning from a shop and when she reached at the front house of Waseem, he has done obscene act with his daughter and after raising alarm, Waseem ran away and entered into his house. Due to non action of the police, the father of the applicant moved a complaint case, due to this reason, the informant cooked up a false and concocted story and lodged the FIR.
Further contention is that there is material contradiction in the statement under Sections 161 and 164 Cr.P.C as well as version of the FIR and also medical report not corroborated, which creates serious doubt in the entire prosecution story. As per medical report, no mark of any external and internal injury seen all over the body of the victim. Prima facie no offence is made out against the applicant.
It has been assured on behalf of the
applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.
Lastly, it is argued that the applicant is languishing in jail since 31.5.2024 having previous criminal history.
Per contra, A.G.A as well as counsel for the informant have vehemently opposed the prayer for bail to the applicant by contending that the victim is a minor child aged about 4 years. The act committed by the accused-applicant as mentioned in the F.I.R is a heinous offence. Applicant is a criminal having previous criminal history of four cases. There is no reason to falsely implicate the applicant. Innocence of the applicant cannot be ad-judged at pre-trial stage, hence, the bail application of the applicant is liable to be rejected.
“In the case, a small innocent child aged about 4 years has been tried to commit rape even who does not understand its meaning. In our country, little girls are worshiped. Rape is a heinous crime and this type of cases are increasing day by day in our society. The Court again and again observed that this type of
act is not only a crime against the victim, it is a crime against the society as well and is also violative of victims most cherished of fundamental rights, mainly right to life contained in Article 21 of the Constitution of India. 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.
The victim is aged about 4 years at the time of alleged offence. She has supported the prosecution story in her statement recorded under Sections 161 and 164 Cr.P.C.
Considering the facts and circumstances of the case as well as submission advanced by counsel for the parties, nature of allegations, role assigned to the applicant, gravity of offence and all attending facts and circumstances of case, particularly, seeing the fact that the applicant has committed rape upon a four years minor girl, the Court is of the opinion that it is not a fit case for bail,” the Court observed while rejecting the bail application.