The Bombay High Court has denied bail to a man accused of sexually exploiting his two minor nieces, and observed that in many cases abusers are known to the victims and may even be living in the same house.
In such cases, “children are more easily threatened and less likely to speak out about the abuse”, observed Justice Prithviraj Chavan on January 23.
The prosecution
The HC was hearing a bail plea filed by the man accused of sexually abusing his nieces aged 9 and 13. Prosecution claimed that the man allegedly betrayed their trust by administering some stupefying substance, showing them pornographic videos, and filming them nude. Furthermore, he also threatened to circulate the same if the victims disclosed his actions.
The families of the victims and the accused used to visit each other’s houses frequently. One day, one of the girls informed her mother that the accused used to molest and rape her, administrating medication in case of bleeding or pain. On finding out, the girl’s father warned the man. Despite the warning, the man allegedly hacked the mother’s mobile phone and sent threatening messages to the girl, which were also forwarded to her school groups.
Nishad Nevgi, appearing for the accused, argued that there was a family dispute and his wife’s brothers were coercing her to provide a no-objection certificate, relinquishing her share in their father’s property in favour of her brothers. He told his wife not to sign the papers, which caused the relationship to become bitter and a case was filed.
Assault could have a lasting impact in minds of the children
Appearing for the victim, advocate Manish Singh, argued that prima facie there might not be evidence of penetrative sexual assault, but the incidents could still result in causing trauma and shock to the victims, who are now 13 and 15 years old.
In a detailed 24-page-order the court denied bail, saying that the applicant was a close relative of the victim and his release would have an adverse impact on the minds of the victims, who have already been traumatised.
