Observing that the "offence is extremely serious in nature", the Bombay High Court has rejected bail application of a man accused of raping and impregnating a differently abled girl, who was 12-years-old at the time of the alleged offence.
Justice Madhav Jamdar, on January 17, rejected the bail plea of the man noting that he had criminal antecedents and has 11 cases of robbery registered against him.
HC was hearing an appeal filed by the accused man
The court also disbelieved his claim that he was in jail at the time of the alleged incident. The HC was hearing an appeal filed by the man challenging sessions court’s decision rejecting his bail plea.
On September 2022, a case was registered by Walchandnagar Police Station in Pune against the man on charges of kidnapping, procuration of a minor girl, rape, abetment, criminal intimidation, among other sections of the Protection of Children from Sexual Offences Act (POCSO).
According to the prosecution, the 27-year-old man allegedly raped the girl and intimidated her with threats that her parents would be sent to jail. He also allegedly made his friend rape her.
Advocate Anvil Kalekar, appearing for the man, said when the victim’s mother lodged a complaint in September 2022, he was already in custody in another case. Hence, there was no question of him being involved in the alleged offence.
Details of case
He was arrested on September 15, 2022. State advocate Veera Shinde opposed the bail saying that the mother learned of the rape in September 2022. However, the incidents had occurred around Diwali of 2021, around October-November 2021.
Justice Jamdar noted that the sonography report of September 14, 2022, showed a single live intra-uterine foetus of average gestational age of 26 weeks, plus or minus two weeks. This indicated that the incident of rape, resulting in the girl’s impregnation, had occurred much before September 2022.
"Thus, there is no substance in the contention that when the incident occurred, (accused) was already incarcerated in another case," Justice Jamdar said. "It is also to be noted that he has several antecedents. There are a total of 11 cases lodged against him under Section 393 (robbery) of the Indian Penal Code."
The HC has directed the sessions court to expedite the trial.