Allahabad High Court: Sanjay Kumar Singh, J., expressed that,
“Little girls are worshiped in our country, but the cases of pedophilia are increasing.”
In the present application, applicant who was involved in a Case under Sections 323, 376(2)(1), 452 and 506 Penal Code, 1860, and Sections 3,4 of Protection of Children from Sexual Offences Act, sought enlargement on bail during the pendency of trial.
Informant had lodged FIR against the applicant alleging that victim who was aged 13 years was residing with her and was alone in the house for doing some house-hold work and all the family members had gone to agricultural field for cutting fodder.
Taking the advantage of the situation, applicant forcibly entered into 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.
Suddenly the informant, her son 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 was caught. When the victim gained consciousness, she narrated the whole incident and thereafter, police was informed.
Analysis, Law and Decision
High Court found that the applicant already had a criminal history.
In the opinion of the doctor, who conducted the medical examination of the victim, sign of violence was seen and sexual violence could not be ruled out.
“The offence of committing rape upon a minor child is heinous in nature.”
In the Supreme Court decision of Neeru Yadav v. State of U.P., (2016) 15 SCC 422, criminal antecedents of the accused cannot be ignored while dealing bail application, discretionary powers of Courts to grant bail must be exercised in a judicious manner in case of a habitual offender. The said judgment was followed in a recent Supreme Court decision in Sudha Singh v. State of U.P., (2021) 4 SCC 781.
Bench observed that in the present matter, a small innocent girl has been raped, who does not understand its meaning.
Victim in the instant case, suffers from psychological effects of embarrassment, disgust, depression, guilt and even suicidal tendencies. Many cases go unreported.
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.
In view of the above background, bail was rejected. [Jasman Singh v. State of U.P., Criminal Misc Bail Application No. 1665 of 2021, decided on 17-08-2021]
Advocates before the Court:
Counsel for the Applicant: Bhagwan Das
Counsel for Opposite Party: G.A.