The Allahabad High Court has rejected the bail application of a man accused of raping a six-year-old girl.
The single-judge bench of Justice Shekhar Kumar Yadav passed the order while hearing a Criminal Misc Bail Application filed by Chhotu @ Zulfiqar.
Justice Yadav said that rape is a heinous crime. Little girls are worshipped in our country, but this type of case is increasing day by day. A small innocent child aged about 6 years has been raped, who does not understand its meaning. Rape is not only a crime against the victim, it is a crime against 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.
The applicant had sought bail in Case under Sections 376-AB, 377 IPC and Section 5M/6 POCSO Act, Police Station Baghpat, District Baghpat.
As per prosecution case on 07.05.2023 at about 6.30 pm in the evening, the victim aged about 6 years was playing then the applicant Chotu came and by holding the hand of the victim, took her to the field near a drain.
It is further alleged that when the victim screamed/cried, a neighbouring woman reached the spot and after hearing the noise, seeing the enemies, the accused applicant ran away from the spot.
The contention as raised at the Bar by counsel for the applicant is that the applicant-accused is quite innocent and has been falsely implicated in the case due to party bandi. The applicant has never committed any offence as alleged in the impugned FIR. Initially the impugned FIR has been lodged under Sections 354, 9M and 10 IPC.
Further contention is that after recording the statement of the victim under Sections 161 and 164 Cr.P.C, the case was converted under Sections 376 AB, 377 IPC and 5M/6 POCSO Act. The victim was medically examined on 08.05.2023 in which she has refused to be examined medically either external or internal. There are material contradictions in the statement of the victim as well as informant recorded under Sections 161 and 164 Cr.P.C.
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 08.05.2023 having no previous criminal history.
Per contra, A.G.A has vehemently opposed the prayer for bail to the applicant by contending that the first information report was lodged by father of the victim on the narration of the incident by the victim who is a minor child aged about 6 years. The act committed by the accused-applicant as mentioned in the F.I.R and disclosed by the victim in her statement under Sections 161 and 164 Cr.P.C is a heinous offence. There is no reason to falsely implicate the applicant. Innocence of the applicant cannot be adjudged at pre-trial stage, hence the bail application of the applicant is liable to be rejected.
The Court said that in the case, a small innocent child aged about 6 years has been raped, who does not understand its meaning. Little girls are worshiped in our country, but this type of case is increasing day by day. Rape is a heinous crime. In almost rape cases, the victim is 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. Rape is not only a crime against the victim, it is crime against the society as well and is also violative of victims most cherished of fundamental rights, mainly right to life contained in Artcile 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 Court found that if rape is committed by a man on a little girl under twelve years of age, according the provisions of Section 376AB of Indian Penal Code, he shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which means that the accused shall be in prison for the remainder of his natural life, and with fine or with death.
The victim was aged about 6 years at the time of alleged offence. She has clearly stated in her statement recorded under Sections 161 and 164 Cr.P.C, that the applicant slapped twice and has committed rape upon her and when she screamed, two neigbours, namely, Zaidi’s mother and Zubeda’s mother, freed her, the court noted.
“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 six 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.